How to Request a Foreclosure Be Dismissed Without Prejudice
You, as the plaintiff in a foreclosure case, can ask the court to dismiss the case without prejudice if you need further time to investigate the matter or prove the foreclosure is valid. A dismissal without prejudice is also used if you've reached an agreement with the borrower but want to retain your right to foreclose in the future. You must use a dismissal without prejudice to protect your right to refile the case later.
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Instructions
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Visit the clerk's office of the court handling the foreclosure. Ask for the form for a motion to dismiss without prejudice and the court instructions.
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Fill in the plaintiff and defendant's names. The plaintiff is the foreclosing lender, and the defendant is the borrower. Fill in the case number.
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State the reason for the motion to dismiss without prejudice. For example, if you and the borrower reached a repayment agreement, state this on the form.
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Sign and date the form. Your legal representation in the case can also sign and date the form. File the form in the court.
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Check the court instructions. Procedures for filed motions vary by area; for example, you may need to send a copy of the motion to the defendant by certified mail or by personal service. Follow all court instructions for the motion.
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Tips & Warnings
A defendant in a foreclosure case can file a motion to dismiss, but using a motion to dismiss with prejudice is more common, as the motion can prevent the lender from attempting to foreclose on the same case again. The judge decides whether or not to dismiss the case with prejudice.
