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Foreclosure Florida legal
In Florida a Foreclosure and Lis Pendens action was Filed in August of 2008 the Judge dismissed it without prejudice. The Lender has refiled a lis pendens foreclosure and reformation of contract action in Feb of 2009. The Judge is going to dismiss it again for failure to name an Indispenmsable party. Does Res Juticata or Collateral Estoppel apply to the Lis pendens and foreclosure due to the ajudication on the merits for the second dismissal on that count, barring them from refiling the foreclosure, and Lis Pendens? The reformation of mortgage could be refiled does this open the door for them to refile a third Lis Pendens and foreclosure or just a reformation action and at best obtained a reformed Mortgage with out the ability to foreclose?
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When was there an adjudication on the merits of the case? It sounds like the second dismissal was also without prejudice which means that the plaintiff can file again. If there had been an adjudication on the merits then it would either be dismissed with prejudice or pursuant to summary judgment in defendant's favor.
You need to give some more details if we are going to try our hands at giving you some answers. When and where did a reformation enter the picture? Exactly what happened? |
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When was there an adjudication on the merits of the case? It sounds like the second dismissal was also without prejudice which means that the plaintiff can file again. If there had been an adjudication on the merits then it would either be dismissed with prejudice or pursuant to summary judgment in defendant's favor.
You need to give some more details if we are going to try our hands at giving you some answers. When and where did a reformation enter the picture? Exactly what happened? |
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