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Voluntary Dismissal....Confused???

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    Voluntary Dismissal....Confused???

    I went on the county clerk of courts site to check on our foreclosure...

    The "Complaint and Lis Pendens" were filed on 2/2/09.
    It lists the various "Summons" and "Affidavits", "Motion for Default" and Motion for Summary Judgement".

    Then it lists "Suggestion of Bankruptcy" on 4/9/09, and finally it lists "Voluntary Dismissal" on 4/13/09.




    What does "Voluntary Dismissal" mean?
    Does it mean they are dropping the foreclosure and if so, why?

    Is it possible that we might be able to work out a mod with them after our bk, (341 meeting is tomorrow)?


    Anybody have some insight on this?


    BTW...
    I have been checking PACER and the clerk of court site daily to see if anything changes...so far nothing new.
    Last edited by roozterdvx; 05-18-2009, 06:57 AM.
    Ch.7 filed 4/8/09
    341 5/19/09
    Ch.7 DISCHARGED 8/9/09!

    #2
    The lender voluntarily dismissed the FC action because you filed BK, the auto stay came into play, thus stopping the FC action.

    They will either have to wait until they file a motion for relief from stay and it is granted or wait until you are out of BK to continue the FC.

    Comment


      #3
      They filed a motion for relief from stay on 4/27...

      Does the motion have to be granted or approved in any manner?

      Strange that the county clerk site shows voluntary dismissal on 4/13, yet the relief from stay on PACER is on 4/27.


      Still confused and I'm afraid to open the proverbial can of worms by calling them.

      If it goes well at our 341 tomorrow, (fingers crossed and praying), we are going to see what we can do about a loan mod.
      Ch.7 filed 4/8/09
      341 5/19/09
      Ch.7 DISCHARGED 8/9/09!

      Comment


        #4
        Originally posted by roozterdvx View Post
        They filed a motion for relief from stay on 4/27...

        Does the motion have to be granted or approved in any manner?

        Yes, and they usually are with a MFRFS and a home in FC..
        Strange that the county clerk site shows voluntary dismissal on 4/13, yet the relief from stay on PACER is on 4/27.The MFRFS has to come after you file, and they had to dismiss becasue they can't proceed until relief is granted by the BK court to move on.


        Still confused and I'm afraid to open the proverbial can of worms by calling them.
        Check out this site. www.loansafe.org, lots of great, free info on loan mods.
        If it goes well at our 341 tomorrow, (fingers crossed and praying), we are going to see what we can do about a loan mod.

        I hope you have a smooth 341! Good luck!


        DD

        Comment


          #5
          PACER shows motion for relief from stay granted today.

          Now what happens?
          Do they pick up where they left off or start over again with the foreclosure?
          Ch.7 filed 4/8/09
          341 5/19/09
          Ch.7 DISCHARGED 8/9/09!

          Comment


            #6
            Originally posted by roozterdvx View Post
            PACER shows motion for relief from stay granted today.

            Now what happens?
            Do they pick up where they left off or start over again with the foreclosure?
            I believe that in Florida, the process starts over from the beginning. Especially since they withdrew their complaint in Circuit Court (the lis pendens).

            This means, you'll receive a new lis pendens and opportunity to answer that lawsuit 20 days after it is served upon you.

            If it is in your best interest to do so, you should call the lender's loss mitigation department and start talking about a modification. Do this BEFORE they restart the foreclosure process, as that is EXPENSIVE for them.
            Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
            Status: (Auto) Discharged and Closed! 5/10
            Visit My BKForum Blog: justbroke's Blog

            Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

            Comment


              #7
              Going to try calling the loss mitigation dept tomorrow, we'll se how that goes.


              Problem is we are upside down on the house by more than double on the primary mortgage.
              We also have a 2nd mort thru another lender but that is getting "lien stripped" in our ch7 since there is no equity, (on our credit reports, the lender shows the debt "discharged").
              Ch.7 filed 4/8/09
              341 5/19/09
              Ch.7 DISCHARGED 8/9/09!

              Comment


                #8
                Originally posted by roozterdvx View Post
                Problem is we are upside down on the house by more than double on the primary mortgage.
                We also have a 2nd mort thru another lender but that is getting "lien stripped" in our ch7 since there is no equity, (on our credit reports, the lender shows the debt "discharged").
                Lien stripping in a Chapter 7? I haven't heard of that being successful in Florida.

                If you are that upside down, you should be getting rid of the place.
                Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
                Status: (Auto) Discharged and Closed! 5/10
                Visit My BKForum Blog: justbroke's Blog

                Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

                Comment


                  #9
                  Originally posted by justbroke View Post
                  Lien stripping in a Chapter 7? I haven't heard of that being successful in Florida.

                  If you are that upside down, you should be getting rid of the place.
                  Strongly second that!!

                  You will be upside down for a decade, maybe two. Why keep it at all?
                  11-20-09-- Filed Chapter 7
                  12-23-09-- 341 Meeting-Early Christmas Gift?
                  3-9-10--Discharged

                  Comment


                    #10
                    We are "that upside down".



                    Before our lender filed the foreclosure, they did offer us a mod but we turned it down.
                    Like most others that you read or hear about, they were offering to lower the rate, bring the loan current by adding the arrears onto the loan, and stretch the term out to 40yrs.
                    This would drop our payment by $400-$500 per month but we be drowning in this house for ever.

                    Like most everybody else, we are worried about being able to buy again in the future.
                    I'm trying to find out all I can about any gov programs that we can apply for.

                    I will say this, we will only agree to a loan mod if it works for us long-term. We realize that being a little upside down is livable but the amount of neg. equity we have now isn't.

                    We know that we are up against a wall. Many programs allow lenders to do a principle reduction but they rarely do it.
                    It still doesn't hurt to try does it?
                    Ch.7 filed 4/8/09
                    341 5/19/09
                    Ch.7 DISCHARGED 8/9/09!

                    Comment

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