Q: Motion to reinstate a closed foreclosure action by the bank. Should I ignore it? Will it be able to reinstate it,
My bank filed a foreclosure action against me in 2013 when the statute of limitation has ran against the foreclosure. I did not plead the statute of limitation in my answer because I did not know about it. The bank later filed a motion for summary judgement which the court granted. After that, there was a long period of inactivity. The court wrote the bank about dismissing the foreclosure due to lack of prosecution. The bank filed a certification stating that they were having difficulty calculating the actual amount owed for the purpose of final judgement. The court eventually dismissed the case on the 27th of Feb 2015. I checked the court's record and the foreclosure was listed as dismissed and closed. On the 10th of June 2015, the bank brought a motion for reinstating the foreclosure. A friend said I should ignore the notice that the bank won't be able to reinstate a close foreclosure. That if I respond to the notice the case will be reinstated. Is that true?
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A: Your friend is completely wrong. You can never ignore any legal proceeding. You need to retain an experienced mortgage foreclosure defense attorney. The attorney will determine if there is grounds to fight the motion. The attorney will also be able to discuss all your options. Remember, if you don't move on foreclosure, foreclosure could end up moving you. Good luck.
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