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.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- New Jersey
- (973) 798-6131
- View Profile
- Answered
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.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
