Foreclosure Voluntary Dismissal!

[andre81946]

I receive the foreclosure summons 9 mos ago and i never answer (back them i did now how important is to answer in the 20 days period.)after that no communication at all.Last week i decide to check on the court web site and show: Case close due to voluntary dismissal i need to know is Good or Bad news? Thanks.

[Moe Bedard]

I am not an attorney, but here is some information I pulled up for the possible causes of the case being closed.

Key Definitions

"Major Reason Case Closed" Definitions

Counsel and Advice: A case closed as a result of the provision and receipt of legal advice to an eligible client, e.g., the review of relevant facts, exercised judgment in interpreting the particular facts presented and in applying the relevant law to the facts, and the counseling of the client on actions to take to address the problem(s).
Limited Action: A case closed through limited action(s) on behalf of an eligible client that addressed the client’s legal problem that is not as complex or extended as to meet the requirements for “extensive service”. Examples include, communications by letter, telephone or other means to a third party; preparation of a simple legal document such as a routine will or power of attorney; or legal assistance to a pro se client that involves preparation of court or other legal documents.

Negotiated Settlement without Litigation: A case closed through negotiation where an actual settlement was reached on behalf of a client without any court or administrative actions pending. This category should be reserved for cases in which the advocate conferred with another party so as to reach a resolution of the client’s legal problem.

Negotiated Settlement with Litigation: A case closed through negotiation where an actual settlement was reached on behalf of a client while a court or formal administrative action was pending. This category should be reserved for cases in which the advocate conferred with another party so as to reach a resolution of the client’s legal problem. Settlements of pending court or administrative actions should be closed in this category even if the court or administrative agency issues an order memorializing the settlement. This category includes only: (1) cases in which an appearance has been entered before a court or administrative agency as counsel of record; or (2) cases in which the settlement was reached prior to the advocate’s entry as counsel of record, provided that the advocate was actually representing the client in the negotiations (not assisting a pro se client) and provided that there is documentation of the settlement in the case file.

Administrative Agency Decision: A case closed because of representation of a client in an administrative agency action that resulted in a case-dispositive decision by the administrative agency or body, after a hearing or other formal administrative process (e.g., a decision by the hearings office of a welfare department). This category does not include settlements made during the course of litigation that are then approved by the administrative agency, voluntary dismissals or the grant of a motion to withdraw as counsel.

Court Decision: A case closed in which the advocate represented a client in a court proceeding that resulted in a case dispositive decision made by the court should be closed as a Court Decision. This category is divided into the following three subcategories:

(a) Uncontested Court Decisions – either there is no adverse party or the adverse party does not contest the case;
(b) Contested Court Decisions – there is an adverse party and that party contests the case;
(c) Appeals: Appeals to an appellate court taken from a decision of any final court or tribunal.
.

Other: A closed case that does not fit any of the preceding case closure categories. Cases which fit two or more CSR categories may not be closed in this category, but should be closed in the category which best reflect the level of service provided.

[Marshall Rosenbach Esq.]

Andre - a voluntary dismissal is when the plaintiff dismisses the case! It is either done with or without prejudice. It is generally done without prejudice if there is no settlement agreement. That means the case can be brought again. If I were you, I'd call the lawyer who represented the bank and ask him/her what occurred. Without seeing the whole docket of the court case, I can't tell you why it was dismissed.

[andre81946]

Thank you for the info. something is wrong!Reading hundreds of post's i can see that a modification is very hard to get and 6 days after i receive the summons they send one by fedex offer me $4.1% fixed them i never ask for!Did not work for me in the reason of the scroll was to Hy.

[Marshall Rosenbach Esq.]

I don't understand, Andre. Please describe what happened again. When did you get the mod offer, 1 year ago?

[andre81946]

OK There is the dates: 08/01/08- 3 mos Late
09/01/08 receive summons
09/10/08 Modification by FedEx
06/18/09 Case close-SRS Voluntary Dismissal
We signed and return the modification on 10/01/09 the new payment should be $973.00 Dow from $1,380.49 and when a cal them to make the first new payment they told me that the new payment was on the 18 hundreds with scroll(i have 4,550 late property tax).We pay our property tax and insurance ourselves and they told me for now on we require to scroll after that day we never spoke with them again we truly believe that is al one big lie the only help out there is the one that the banks lose nothing.We already lost:$57,000.00 Dow payment + $80,000 under water$9,000 improvement.Thanks

[Marshall Rosenbach Esq.]

It's hard to answer you without seeing the documents you received. If I were you, I'd send a letter to the bank and attach a copy of the modification offer you got in 2008. I would send it to the loss mitigation department and see if they will still honor it. They will probably tell you they need to see your financials, etc. before they can approve it as your situation might have changed since late last year. But definitely contact them and find out whether you can still get that deal. Explain to them that you sent it back in October 2008 but you never heard back.