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

UPDATED: Sep 15, 2011

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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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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