Williamstown, NJ asked in Banking, Civil Litigation, Contracts and Foreclosure for New Jersey

Q: Can my lender dismiss a filed complaint and then file to reinstate the former case to avoid the Statute of Limitations?

NJ lender filed foreclosure complaint in 2009. Court dismissed in 2014 for failure to prosecute. Lender filed 2nd complaint 7/ 2016. We filed Motion to Dismiss w/ prejudice since the 6-yr statute of limitations had passed. Lender then moved to dismiss the 2nd case. Our understanding is they will file a motion to reinstate the prior case so they can avoid the SOL. This sounds crazy & gives the bank far too much latitude. If the 1st case can be reinstated, then the SOL for foreclosure has no meaning if a case was filed previously. Is the court likely to grant this? Very surprised that a case can be dismissed w/o both parties agreement once the defendant has responded. NJ courts will do anything for the banks.

Don't know if Leonard Boyer is really a NJ att. The court rules at 4:37-1(a) state that when the other party has answered, dismissal must be by Stipulation signed by all parties. This site needs more attorneys. Boyers answers are empty. He can only refer people to counsel.

1 Lawyer Answer
Leonard R. Boyer
Leonard R. Boyer
Answered
  • Foreclosure Defense Lawyer
  • Clifton, NJ
  • Licensed in New Jersey

A: If a Plaintiff requests a dismissal, they never need the consent of the Plaintiff. Your factual situation sounds very strange and I believe a lot of significant facts are not stated. You need to retain a very experienced mortgage foreclosure defense attorney to handle this matter for you. Good luck.

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