Lack of Prosecution

Client owns a house where Suntrust is first mortgage and we do not have an offer on this house yet.  Owners received a notice from the circuit court stating "Notice of Lack of Prosecution"  basically stating that since there has been no activity by Suntrust or the owners for a period of 10 months, since lis pendens was filed, they are giving notice to all parites that unless someone provides good cause why the action should remain pending that the action will be dismissed.

Has anyone else ever seen this?  Will this force Suntrust to move forward with the foreclosure or will they let it be dismissed?  If dismissed, will Suntrust have to start all over?  Suntrust will more than likely receive full payment when house does sell as market value of house is more than balance but much less than second.

Please does anyone know what we should do?

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Replies to This Discussion

Permalink Reply by Kevin - Greenville, SC on June 12, 2011 at 4:59am

Yes, I have come across this several times in South Carolina, if it's dismissed by the court more than likely they will re-file at a later date.  Check with an Attorney in your local area.

 

Permalink Reply by Kari A. Battaglia on June 12, 2011 at 5:43am
In Sarasota County this is required if lender files Lis Pendens but does not follow through with the foreclosure process.  Yes SunTrust will have to start over from the beginning.  If SunTrust knows you are selling the home they just might let this go as it is costly in Sarasota County to process Foreclosure. 
Permalink Reply by Norene Williams on August 13, 2011 at 8:26pm

So owner received notice from court "Granting motion for leave of court to file verified amended complaint" and handwritten in is "and setting pretrial conf"  Ordered and adjudged has #4 hand written Pretrial conference set for 11/1 and where.

Does anybody know what the pretrial conference is for?  What should the seller do at this point? 

Permalink Reply by Norene Williams on August 21, 2011 at 8:35pm


Norene Williams said:

So owner received notice from court "Granting motion for leave of court to file verified amended complaint" and handwritten in is "and setting pretrial conf"  Ordered and adjudged has #4 hand written Pretrial conference set for 11/1 and where.

Does anybody know what the pretrial conference is for?  What should the seller do at this point? 

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