If the party suing me for foreclosure is not the right party, can the true owner file a foreclosure against me?
If the party suing me for foreclosure is not the right party, can the true owner file a foreclosure against me?
Many times cases are dismissed because the wrong party is bringing the lawsuit. Does this mean that the nightmare is all over? I get a free house? The answer is probably not. Judges will usually give the foreclosing Plaintiff at least one more chance to amend the court filings and file documents that support ownership of the note and mortgage.
However, if a fraud was committed upon the court, the Plaintiff may be banned from brining another foreclosure lawsuit against that particular homeowner/defendant and a free home is more optimistic. Again, if the rightful owner brings the foreclosure action within five years of default on the loan, then the courts will most likely allow that party to continue with the lawsuit.
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Greg Gilbert
Keith Maynard
