Overcoming Foreclosure
Ohio Foreclosure Dismissed without prejudice. (OHIO) Letter from courts.?
I am hoping someone on here can help me with what happens next. I received this letter today from the courts.
“This matter comes on for consideration of plaintiff’s motion for summary judgement. A review of the pleadings indicates that the endorsement of the note to plantiff was not attached to the complaint and was filed subsequently but undated. Morever the assignment of the mortgage was excuted after the filing of the complaint. Plaintiff has failed to provide any additional evidence to overcome the evidence submitted in this case that demonstrates that plantiff did not have standing to file.”
I have no idea what this means. When I looked up our case on the county website it says dismissed with out prejudice. What now?
Thanks in advance for your help.
It means whoever sued you had no standing to initiate a lawsuit against you.
Example: Joe punches Bill. So, I sue Joe for assault. I don’t have standing to sue — I was not the one injured.
In your situation, what probably happened was this: You missed a bunch of mortgage payments. The bank then initiated foreclosure. The bank hired a third party firm to take care of the foreclosure. However, the bank never formally assigned its rights to foreclose to the third party firm. So, as far as the court is concerned, the third party firm has no interest in the mortgage, and thus no standing to sue.
All that will happen at this point is that the bank will redo its paperwork, assign its rights to the third party foreclosure firm, and re-file for foreclosure. In other words, the inevitable foreclosure will be delayed for a week or two.
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