As a Florida resident you are entitled to many rights and protections under its laws, a foreclosure proceeding that is deemed unlawful is a part of those protections and rights. Often your lawyer will seek to have your case dismissed by some means so that the foreclosure proceeding is halted. Unfortunately for the mortgage borrower in the case, they and their legal counsel must be prepared to defend themselves again. A first dismissal does not always signal the end to the mortgage holder’s quest to have a judgment of foreclosure that has been dismissed refiled and accepted by the courts.
The best case scenario for the defendant is a dismissal with prejudice, under Florida law they tend to be more final and make a lender think twice about proceeding further. If your case is dismissed without prejudice then you can just about be certain that the mortgage lender will rework their paperwork and refile the case.
The whole foreclosure process is set in motion by the mortgage holder filing a lawsuit which seeks a ‘judgment of foreclosure’. The mortgage borrower will then be notified of the intentions of the mortgage holder to commence with a lawsuit. Your legal counsel will probably try and get the lawsuit dismissed right away by taking a good look at the paperwork and supporting documents that the mortgage holder has filed. If the case is dismissed right away the mortgage holder still has an array of options available to them to refile. If they do and they correct their previous faults with the documentation and paperwork then it will take a little bit more work on your lawyer’s part to get another dismissal.
Your legal representative may seek to try and prove that the original mortgage was subject to unfair or deceptive lending practices, the mortgage holder did not comply with court orders – such as compliance with a discovery request, or the lawsuit was not refiled within the necessary one year time frame.
The good news for the mortgage borrower is that even if the mortgage holder decides to restructure and refile another lawsuit, your property is safe and still legally yours until the results of the new filing are determined. An experienced foreclosure lawyer will know how to proceed and help you get the permanent dismissal that is vital to you and your family’s security and peace of mind.
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