At the Law Office of Ira J. Metrick, we receive and review all notices our clients receive during the New Jersey Foreclosure Process, and we provide explanations of the notices and how they affect the foreclosure process.
What is a Notice of Dismissal for Lack of Prosecution?
Have you received a Notice of Dismissal for Lack of Prosecution while you are in the middle of a foreclosure case? This means that the Bank has failed to move the foreclosure forward for a period of twelve (12) months. To alleviate the thousands of foreclosures that had been pending but not completed, the Court began dismissing them with the right to “Reinstate” them.
Does a Notice of Dismissal for Lack of Prosecution Protect Against A Future Foreclosure Case?
Getting a notice of dismissal for lack of prosecution is normally just an extended delay. The Foreclosure will be back. Court cases can be dismissed with or without prejudice, which will decide whether the case can be reinstated in the future.
- If a case is dismissed without prejudice it means that the case can be brought up again in the future. Cases that are dismissed for lack of prosecution are done so without prejudice, so you may need to defend yourself against foreclosure again in the future if the lender decides to pursue a case.
- New Jersey Court Rule 4:64-8, states that the Clerk of the Court must issue a written dismissal to the parties in a foreclosure if the matter has been pending for 12 months without any required action having been taken. The notice of dismissal allows the parties thirty days to take a required action or to demonstrate exceptional circumstances showing why the case should not be dismissed. After dismissal is entered, reinstatement of the matter is permitted only upon motion for good cause shown. However, you should expect the Court to grant the bank’s motion to Reinstate the case because they will claim that there has been no prejudice to the homeowner through the delay.
- If a case is dismissed with prejudice, it means the case cannot be pursued again and you have a free house. This is a very rare occurrence.
Need Help With a Foreclosure Case?
Each notice you receive can affect the foreclosure process. If you need representation in the foreclosure, or need to know what a specific notice means, the Law Office of Ira J. Metrick can assist you by explaining them to you. We also offer representation to receive all of your notices in our office, and then forward them to you with explanations.