What should I do if my foreclosure was dismissed with prejudice?

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What should I do if my foreclosure was dismissed with prejudice?

My bank served me with foreclosure papers and I have asked to see proof that I owe this loan but have received no response. I sent them a check for amount needed but it was returned. The law firm said they were no longer providing service for this loan/file. The letter was to myself and the county clerk of superior court saying file has been cancelled and an original copy of dismissal without prejudice. What does this mean and should I take legal action?

Asked on September 15, 2011 under Real Estate Law, North Carolina

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

A dismissal without prejudice is not an adjudication; rather, it's a recognition by either the court or the plaintiff (suing party) that something was procedurally (but not substantively) deficient--for example, that the papers were not served the right way. Or it may be a recognition by the other party that they are not ready to pursue the case for one reason or another.

Because it's not an adjudication or determination on the merits--i.e. it has nothing to do with whether there was a valid lawsuit--the other party is free to refile and rebring the action again later. Also, unless you can show the suit was brought in bad faith, such as to commit fraud or harass you, there is no liability attached to dismissing your own case or having the court dismiss it without prejudice, so there's no likely any legal action you could take.


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