“I am assuming here that it was you who filed against the mortgage company”
That would be correct Tom.
Long story short, I’m currently living in a home that I was renting to own and it got foreclosed on (sellers stop paying their mortgage). So I been appealing the eviction and been trying to buy it from the bank ever since. My atty has been filing motions in court for bank to sell to me instead of placing home on open market, and I wasn’t sure if this notice was good or bad news.
Thanks for the insight.
Hi all, I’m going through a legal battle right now to purchase a home that has gone through foreclosure and was sold back to the bank. I received a a one sentance notice today from the court.
Praecipe to settle and discontinue
To the Prothonotary
Kindly mark the above captioned matter SETTLED & DISCONTINUED without prejudice.
OK, thanks. Just to clarify I have been fighting back and forth with the mortgage co that foreclosed to keep the home from listing on the open market. I was in an agreement of sale with the former owners but one seller refused to sign out of spite,(long story) and allowed the home to go into foreclosure.
So do you think it’s possible that the bank is no prepared to sell the property directly to me like I was asking for all along? Is this notice good news?
I’ve lived with this guy for 16 years and have 3 children all his. My name is not on the property papers
so if we sell the house can i receive anything even though I’m the one that makes the payments by check with my name on it?
Don’t mind me as I’m not a lawyer. I have had a moment or two of lucidity in life though. I think there were seven.
Anyway, it seems to me that if the court dismissed the thing, that the situation would be in the same state it was in immediately before the dismissal. That being that the bank owns the property and desires to sell on the open market. The only difference is that there is no pesky court holding them back now. It’s probably already on the MLS.
You said: “I was in an agreement of sale with the former owners but one seller refused to sign”.
That means you did NOT have an agreement of sale (a contract). You had an offer and nothing more.
To be a contract, you need signatures of ALL parties with an interest.
Now, there is good news. The case was dismissed “without prejudice”, which means you can file again on the same claim. I am assuming here that it was you who filed against the mortgage company.