Over recent years, we all have heard some horror stories about foreclosures.  Houses in foreclosure are sprinkled throughout our neighborhoods.  In many cases, they sit vacant for a long time.  You may wonder, what is going on with that property?  What is taking so long?  Is it still in foreclosure?  Who owns the property now?  What is the bank doing?

These are all very typical questions that we hear all the time.  Sometimes a foreclosure case is filed and there is no movement in the case for years because the bank is not doing anything significant to move its case along.  Oftentimes these cases are dismissed by the court as a result of inactivity.  Then there are some instances where the bank itself may decide to dismiss its own complaint.  If one foreclosure case is dismissed, does the bank have a right to re-file the foreclosure case?  Is the bank ever barred from re-filing the foreclosure case?  The answers to these questions depend on a number of items including when the first foreclosure case was filed, when the first case was dismissed, the circumstances in which the first case was dismissed, and the allegations made by the bank in the first case. 

Frustrated homeowners have many questions and are eager to find some relief.  It does not seem fair that the bank can drag its feet for years and still foreclose, can they?  Is there anything the homeowner can do?  Can a mortgage ever be cancelled?  What’s the procedure to cancel a mortgage?  If the bank waits too long to foreclose can the mortgage be cancelled?  According to the applicable law in Florida, in some instances a mortgage may be cancelled, but it depends on several factors including the terms of the loan documents and when the loan matures. 

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Please do not hesitate to contact our Firm to discuss your options based on your specific factual circumstances.  We routinely assist our clients with navigating through these questions and helping them develop a course of action. 

Stand by for parts 2 and 3 addressing questions in this blog.


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