Asked in Bankruptcy for Alabama

Q: What is a withdrawal of a notice to default

Related Topics:
2 Lawyer Answers
W. J. Winterstein Jr.
PREMIUM
Answered

A: I'm currently licensed in PA, but have practiced in Georgia, OK, TX, NJ and DE, but not Alabama.

You don't say whether this Notice is in federal court, where the practice is fairly uniform in all States, or the Alabama state court. There's probably some difference.

Both the Court, and an attorney for one of the litigants, may issue/file a Notice of Default. Likewise, either can retract or withdraw that Notice. A Withdrawal may be because of some deformity in the original Notice, or more likely because the putative default has been cured by a filing by the claimed defaulting party.

My best recommendation is to pay heed to everything filed in Court in a case in which you are interested.

Timothy Denison agrees with this answer

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered

A: A withdrawal of a notice to default typically means that a creditor or lender has decided to cancel or revoke a previously issued notice of default. This notice is generally sent when a borrower is behind on payments, signaling that they are in danger of facing foreclosure or other legal actions. By withdrawing the notice, the lender is indicating that the situation has been resolved, or that they no longer intend to proceed with the default process at that time.

There can be many reasons for a withdrawal, such as the borrower catching up on missed payments, entering into a loan modification agreement, or working out another type of arrangement with the lender. It's important to note that while the withdrawal pauses the default process, it does not necessarily mean the debt has been forgiven or eliminated.

If you've received a withdrawal of notice to default, it’s a positive step, but you should remain vigilant in understanding your ongoing obligations. Make sure to keep up with any agreements made with the lender and seek legal advice if you are unsure of what the withdrawal means for your specific situation.

Timothy Denison agrees with this answer

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.