Foreclosure Action Barred – But Mortgage Note and Lien Still Valid

 · Wells Fargo Bank, N.A., 2013 WL 5944075 (S.D. Fla. 2013) held that after the dismissal of a foreclosure case, with or without prejudice, a mortgage remains a valid and enforceable lien on the property and a lender is not barred from filing a second foreclosure action if the second foreclosure action is based on payment defaults different from.

Foreclosure and Legal Actions. Even if a promissory note is lost, the legal obligation to repay the loan remains. borrowers may not avoid foreclosure on their property, for example, simply on the.

 · Using the Quiet Title Action to Defeat the Mortgage.. with the bonus of being at risk of foreclosure. Who Has the Note? Still another route many take is determining if the lender (not the servicer) truly has the promissory note or even the right to claim ownership of the mortgage.. BUT a Judge’s Default Order against a bank or mortgage.

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The court emphasized that the statute of repose, as set forth in Florida Statute § 95.281(1)(b), is the “sword” and the applicable reference for determining the extinguishment of a mortgage lien altogether, such that no foreclosure action could be brought again against the borrower (e.g., in Matos, the 30-year mortgage that originated in.

As the dissent pointed out, Section 15-1509(c) of the Illinois Mortgage Foreclosure. validity of a lien that was the subject of a prior court action to which the HOA was a party raises questions.

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Such certifying officers will have to be identified and tracked, but they can still sign legal documents such as mortgage assignments and lien releases. of a note is not recorded in MERS or is.

If the servicer fails to foreclose within six years, it is arguably prevented from ever foreclosing on its lien. action on the Note. Ten years for foreclosure under a deed of trust.[7] It is.