Can the bank come back and foreclose again? 3 Answers as of January 17, 2014

My husband bought a house for him, myself and our 3 children. In 2008 we separated and I stayed in the home with our children, in April of 2009 the mortgage payments stopped being paid. In July or August of 2013 the bank was foreclosing on the home, I went to court, nobody from the bank showed up, the judge granted foreclose. In September of 2013, the bank discontinued foreclose for "administrative reasons", I went to court for the discontinue, again, nobody from the bank showed up, the judge granted the discontinuance of foreclose. Can the bank come back and foreclose again?

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Joseph Lehn, Esq
Joseph Lehn, Esq | Lehn Law, PA
Yes. The bank can re-open the foreclosure lawsuit at a later date or even open a new case if necessary.
Answer Applies to: Florida
Replied: 1/17/2014
The Law Office of Darren Aronow, PC
The Law Office of Darren Aronow, PC | Darren Aronow
Yes, it is fairly common that the bank messed up their "paperwork" and discontinue the action. Once they correct it, they will start foreclosure again.
Answer Applies to: New York
Replied: 1/16/2014
Barr, Jones & Associates LLP
Barr, Jones & Associates LLP | Andrew Brasse
It really depends on the situation if they can foreclose again. In general, there is nothing preventing a mortgage company from foreclosing again if they mortgage is delinquent. However, if the mortgage was dismissed with prejudice, that would mean that the mortgage company could not bring that action back to court.
Answer Applies to: Ohio
Replied: 1/16/2014
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