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Abusing the voluntary dismissal one too many times cost the foreclosure case for the lender who acquired the loan that had been previously sold at least twice.
The Fourth District Court of Appeal took into consideration the number of times there was a connection between the loan and a voluntary dismissal rather than the number of dismissals per plaintiff to overturn the foreclosure, leaving the homeowner attorneys to celebrate. The appellate invoked the two-dismissal rule under Florida Rule of Civil Procedure 1.420(a)(1). They allow one voluntarily dismissal but not two.
The initial foreclosure came from Flagstar. They dismissed the suit and sold it to DKR Mortgage who began filing for foreclosure but later dismissed it. Finally, MIA Real Holdings bought the loan and started its own foreclosure but then voluntarily dismissed the suit. The defendant’s attorney argued that the same note got dismissal twice in prior cases. However, Palm Beach Circuit Judge Catherine Brunson ruled in favor of the plaintiff. The defendant’s attorney challenged that decision and won. Fourth DCA Judge Robert Gross wrote in a unanimous decision with Judges Martha Warner and Spencer Levine concurring.
If you have questions about Foreclosure, Loan Modification, Bankruptcy, Short Sale, or other alternatives, please feel free to call my office at 888-886-0020. Or, send an e-mail to emil@fleysherlaw.com, or complete the contact form below.
Emil specializes in consumer bankruptcy, debt settlement, and mortgage modification, offering a holistic approach to solving mortgage and debt problems. Emil listens to clients, understands their circumstances and goals, and helps them make the right choices by presenting all options and contingencies.
He is dedicated to helping South Floridians regain their financial freedom from overwhelming debt caused by high interest credit cards, bad mortgage loans, and uninsured medical expenses.
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