Posted on: 18th Dec, 2007 12:37 pm
Please tell me what does this means...." order on plaintiff's exparte motion to dissolve lis pendens, dismiss complaint, vacate final judgment, and release original documents". This motion was filed by the plaintiff against me on my house. Does it mean I am not going to loose my house? Can I keep living in my house? Please help?
Thank you
Thank you
Hello TR,
What mortgage problem do you have? Is there a default in making mortgage payments or is the lender foreclosing on your property?
An ex parte motion seeks for a court order before the other party is given the opportunity to be heard on your request.
Lis Pendens is a pending lawsuit and it is used to notify that the title to a particular property is involved in a lawsuit. But when the suit is settled and dismissed, the Lis Pendens is usually dissolved.
So, I think that the pending lawsuit has been dismissed along with the complaint and it has been ordered to release the original documents of the mortgage.
Since this is a legal issue, you should consult an attorney and take his advice.
What mortgage problem do you have? Is there a default in making mortgage payments or is the lender foreclosing on your property?
An ex parte motion seeks for a court order before the other party is given the opportunity to be heard on your request.
Lis Pendens is a pending lawsuit and it is used to notify that the title to a particular property is involved in a lawsuit. But when the suit is settled and dismissed, the Lis Pendens is usually dissolved.
So, I think that the pending lawsuit has been dismissed along with the complaint and it has been ordered to release the original documents of the mortgage.
Since this is a legal issue, you should consult an attorney and take his advice.
Hi TR,
Welcome to the forums.
I agree with Jenkins on what he's said about exparte and lis pendens. But I'm afraid the legal language isn't clear here. Have you missed out a word or two by chance? Or is there something more that you would like us to know.
As much as I can understand from here is, you may have taken a mortgage and you aren't able to pay it off fully which is why the lender may have filed a lawsuit against you - a sort of deficiency judgment. And, it's now that the lawsuit has been canceled and you will perhaps be getting the mortgage release certificate. What I've said is just my assumption from the little information you've given here. If you can give us some more details, I'll be able to give you better suggestions.
Good luck
Welcome to the forums.
I agree with Jenkins on what he's said about exparte and lis pendens. But I'm afraid the legal language isn't clear here. Have you missed out a word or two by chance? Or is there something more that you would like us to know.
As much as I can understand from here is, you may have taken a mortgage and you aren't able to pay it off fully which is why the lender may have filed a lawsuit against you - a sort of deficiency judgment. And, it's now that the lawsuit has been canceled and you will perhaps be getting the mortgage release certificate. What I've said is just my assumption from the little information you've given here. If you can give us some more details, I'll be able to give you better suggestions.
Good luck
Was the order to "grant" or "deny" the motion?
The motion was to dismiss the case against you, release the lien on your property, remove the judgment already against you (you must have lost the case), and have the court give the parties their original documents back.
I suspect you settled this case and paid the plaintiff?
The motion was to dismiss the case against you, release the lien on your property, remove the judgment already against you (you must have lost the case), and have the court give the parties their original documents back.
I suspect you settled this case and paid the plaintiff?
The lender is foreclosing on your property because I am having problems making the payments. When I purchase this house I signed for a adjustable rate and the rates went up. I was not able to make the payments. The house was to be sold on 10/07 but this motion was filed by the plaintiff and I did not understand what it means. Do I get to keep my house or not? The order was granted the motion. I dont know if the court gave the parties their original documents back.
I suppose the plaintiff is your lender who had filed the motion when you were unable to make the mortgage payments.
If the order has granted the motion that means you have lost the case. The lender will most probably start the foreclosure process after this and you might lose the house.
If the order has granted the motion that means you have lost the case. The lender will most probably start the foreclosure process after this and you might lose the house.