This notice is dated on 5/12/09, however, went ot court on 5/15/09 where judge deferred the plantiff (bank's) motion. We can remain in the home until the bank contacts us to see if our loan can be remodified, etc....What does this new notice mean??? please help.
The notice of voluntary dismissal as to count ii simply means that the pltf bank no longer intends to go forward with the "lost note" count (in other words, they found the previously lost note). It doesn't otherwise affect the progress of the case. Your question is unclear as to what hearing (motion) went to court on the 15th. Could you expound on that. If it was on the bank's motion for summary judgment was there an order entered by the judge? Lastly, you shouldn't wait until the bank "contacts" you because they are bogged down. You should follow up periodically( every week or so).
The new notice is documenation of the scam I have discussed before - the Plaintiffs claim that the note is lost when it is not - they have not bothered to look for it, and lie in their Complaint. Then when they bother to lok, they find it, so move to withdraw the count that was false to start with.
The untrue statements in the Complaint confuse matters for many defendants, and often send them off on the completely wrong track. I defend foreclosures in Florida, and once I establish that this is a lie, I ask the court to impose sanctions for this outrageous conduct.
The first thing that I would do is go an check the court docket. If your case is in Miami, then you can use the link that I provided below to seach for you case and to view the docket.
The docket is a detail of all the events that has happened in your case. Here you will be able to see a list of all the documents that have been filed in your case; all the hearings that have been scheduled so far; and if there is foreclosure sale scheduled, you will be able to check it here.
I recommend checking it weekly because the foreclosure firms may mistakenly have forgotten to send you a notice of a particular hearing or document. While it is possible to undo the damage from such mistakes, sometimes it is easier to climb Mt. Everest. It is better to commit yourself to be informed about your case, rather than relying on the firm that is suing you to do their job correctly.
Futhermore, it is not uncommon for you as a homeowner to have problems communicating with bank or its attorneys. They are overwhelmed with cases, and often their attorneys are very inexperienced. This means having an experienced lawyer on your side is an investment that can tip the scales severely in your favor.
If are in a hurry to leave the property, then don't bother getting an attorney and pay attention to the mail you receive and to the docket. From the date that the sale occurs, the successful bidder will have to wait 10 days before title is issued in their name. They will then be able to get hearing to get a Writ of Possession, which is the court order for the Sherriff to remove all occupants from the premises. Last weej when I spoke the Administrative Judge for Civil Cases, The Honorable Jennifer Bailey, she informed me that the judges were now requiring a hearing to get a writ of possession. At that hearing, you could probably get up to 30 additional days to vacate if you attend.
