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03-20-2005, 07:44 AM
| | Junior Member | | Join Date: Oct 2004
Posts: 29
| | | Dismissal and Without Prejudice - what does it mean
What is the name of your state?What is the name of your state? FL
Received a copy of a document that reads "Plaintiff, (name), by and through its undersigned attorneys files this its voluntary dismissal without prejudice of the Complaint and Lis Pendens and hereby directs the Clerk of Court to discharge the Lis Pendens filed in this cause."
Does this mean that everything is over finished concerning the house and the foreclosure. We signed a Deed in Lieu of Foreclosure to the bank. What does "without prejudice" mean.
My daughter wants to deed some property to me, would it be safe now for me to accept it without fear of it being involved in any type litigation from the foreclosure. THanks |
03-20-2005, 08:26 AM
| | Senior Member | | Join Date: Feb 2002 Location: Nashville,TN
Posts: 15,706
| | | It means they are dismissing the case, so they apparently accepted your 'deed in lieu'. The 'without prejudice' means they are not prevented from filing the same action again.
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"Knowledge is Power - use it as you see fit !
I am not a lawyer or a member of the legal profession. My advice is based on research and experience, my own and others, some who practice law. You decide for yourself what actions you do or do not take from my advice.
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03-20-2005, 09:51 AM
| | Senior Member | | Join Date: Jun 2000 Location: Somnambulist University
Posts: 39,530
| | Quote: |
Originally Posted by hat Does this mean that everything is over finished concerning the house and the foreclosure. | Yes.... for now. See below. Quote: |
What does "without prejudice" mean.
| That means that they have the right to refile their case in the future. This 'right' will remain until the SOL (Statute of Limitations) on the type of claim expires. Quote: |
would it be safe now for me to accept it without fear of it being involved in any type litigation from the foreclosure.
| See above.
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There are at least 17 lawsuits (!!) pending in various courts, including the US Supreme Court, asking if Obama is a natural born citizen (as req'd by Art II, Sec 1 of the US Constitution).
Why has he spent over $1.35M in legal fees to block disclosure... rather than spend $12 for a VALID birth cert to settle the matter? The 'certificate' he has presented doesn't qualify to get a drivers license, wouldn't allow a child to qualify for Little League, or for a real citizen to get a US passport!
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03-20-2005, 10:07 AM
| | Junior Member | | Join Date: Oct 2004
Posts: 29
| | | So how long do I have to worry about them refiling and why would they refile? What would be the reason that they could refile? The house was included in the BK and not reaffirmed and they accepted the deed so if they refiled what would they be seeking? THanks |
03-20-2005, 10:21 AM
| | Senior Member | | Join Date: Jun 2000 Location: Somnambulist University
Posts: 39,530
| | Quote: |
Originally Posted by hat So how long do I have to worry about them refiling | That depends on the cause of action. Quote: |
and why would they refile?
| Because they can??? Quote: |
What would be the reason that they could refile?
| I have shaken my 'Fortune telling 8-ball' and will let you know as soon as the answer is visible in the 'window'.
__________________
There are at least 17 lawsuits (!!) pending in various courts, including the US Supreme Court, asking if Obama is a natural born citizen (as req'd by Art II, Sec 1 of the US Constitution).
Why has he spent over $1.35M in legal fees to block disclosure... rather than spend $12 for a VALID birth cert to settle the matter? The 'certificate' he has presented doesn't qualify to get a drivers license, wouldn't allow a child to qualify for Little League, or for a real citizen to get a US passport!
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03-20-2005, 12:56 PM
| | Junior Member | | Join Date: Oct 2004
Posts: 29
| | | I appreciate all the responses to my question but I am so confused. What is the cause of action that one writer wrote about? How often does a refile occur? | |
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