Foreclosure case dismissed w/o prejudice

[Peacepod]

What is the name of your state (only U.S. law)? Ohio

Hi I have a quick question. I have been doing the rounds with Suntrust mortgage. I want to keep my home, My income is finally coming back to where it was after having dipped for a while. I have attended every mediation. I am working on making sure I meet the surplus amounts Suntrust wants in order to even look in my direction.

Recently Suntrust declared they didn't feel I'd ever be able to meet their requirements and had the case sent back to the courts. (It felt very personal the way they put every single obstacle in my way and basically said they'd rather have the house than work it out with me)

Anyway they had been given instruction on 9/16/10 to produce paperwork within 30 days and so I think when they went back on 11/4/10 to file their default motion(?) the case was dismissed without prejudice.

My question is, what is this paperwork that they were supposed to file? The docket said, "PLAINTIFF'S ENDORSEMENT TO THE TITLEWORK AND REAL PARTY IN INTEREST AFFIDAVIT"

Does this mean the court wants Suntrust's signature or on a form that says they have interest in the property? Shouldn't that be easy for them to find since they've been the only servicer on my home?

 

[FlyingRon]

They obviously didn't find the document or failed to submit it in a timely fashion so the court just through it out. Being dismissed without prejudice just means they can file it again once they've got their ducks in line.

 

[armin88]

Dismissed without prejudice means they can reopen the case anytime.Means your not out of the woods yet if they find the paperwork that they need.This happen to me years ago so I now about this.

 

[Peacepod]

Thanks all for your time,

I realize what the dismissed without prejudice part means, it was more the titlework and real party affidavit part that had me a bit confused due to the rather 'charge' nature the mortgage company had going on as if they were going to pin me to the wall. I figured they'd have all their ducks in a row.

I know they'll file again but I have an income now, I tried to work with them by reaffirming during my Chap 13, I am in a position to pay my mortgage, I just need to work out my arrears.

To be honest, I feel a little bit of satisfaction that they've been set back this little bit, sorry. But I want to keep my home, I can pay the mortgage, I can work out the past due but they're being such an ass about it and my house isn't worth much.

so basically when they next file they need to produce the title and a piece of paper that says they own the home?

 

[FlyingRon]

so basically when they next file they need to produce the title and a piece of paper that says they own the home?

There's no "title" and they don't own the home. What they need to show is your obligation to pay (i.e., your signature on the original loan) and the security interest (this one is usually easier as it's usually recorded somewhere) and proof if they aren't the original party to the contract that they are the valid successor or assignee of the agreement.

Of course, now would be a good time to try for a modification or at least a forebearence. Of course, they'll likely make you sign something that they WILL be able to find if you screw that up.