Contemplated Dismissal

[MD69107]

I got a notice from the Circuit Court a couple of days ago............Notice of Contemplated Dismissal.
It says that this proceeding will be dismissed for lack of jurisdiction or prosecution without prejudice in 30 days unless a written motion showing good cause to defer is filed.
Anyone know what this means? Good.......Bad......Do I need to do anything on this?

I was discharged from Chapter 7 in 2010 and the mortgage was included........The foreclosure has been dragging out since that time as well.

[LadyInTheRed]

I assume this is a notice issued in a foreclosure case. Lack of jurisdiction means that the plaintiff filed the case in the wrong court. Lack of prosecution means the plaintiff didn't do whatever is required to move the case forward to judgment. I suspect it is lack of prosecution that led to this notice. If the bank doesn't respond and give a good reason why the case should not be dismissed, the case will be dismissed. If the bank wants to proceed with judicial foreclosure, they will have to file the case again.

[MD69107]

Yes, sorry about that.........it is for a foreclosure.........Chase started the foreclosure in 03/2010.........There hasn't been any movement on it since..............I've just been laying low and staying here til they tell me to get out.

[MD69107]

Just a quick update.......the foreclosure has been closed out on the court website......So, I would guess that Chase will file another foreclosure and start the process over again?

[justbroke]

If the lender is interested in actually foreclosing, they will start a new foreclosure lawsuit. The clock resets and they need to follow all the local rules (state foreclosure law) as it applies in your case. So, yes, it's a restart!

[MakinMeCrazy]

Hi!
I have a question about this because this is happening all over Cleveland Oh.......when you used the term "RESTART" does that mean they restart the whole process from the very begining I guess the NOD? or just pick up where thye left off with the foreclosure? I appreciate any answer....because we are in cleveland and as I said this is happening all over our city. I have to assume this gives the owner a lil more time? Thank you in advance for any info

[justbroke]

It is a restart. Typically, they'd need a new cause for filing a new lawsuit. That would mean a new NOD (although it could be backdated), certified letters, then the lawsuit. They would follow the entire process including any advertising requirements.

[MD69107]

That works for me......I'll stay here a while longer I guess........they have given me too much time to think about it......I tried to get a mod....now I don't want another 30 years of payments.

[MD69107]

Another update.......got my call from Chase the other day........What do you intend to do with the property call...........I played along and told her to send me a modification packet in the mail..........still no new suit filed yet..........drag it out some more.