Background: Bank of America has begun foreclosure proceedings against me. They did not sent a Notice of Intent, which was my only defense in my answer. With my pro se answer I asked for Discovery, to which there was no response after the 35 days.
There is a status conference scheduled for 10 days from now. The Plaintiff's lawyer sent a "Stipulation of Dismissal Without Prejudice" And here is the exact wording:
"It is hereby stipulated and agreed by and between counsel for Plaintiff, Bank of America and the Defendant, (my name), that the above action (including all counterclaims) be dismissed without prejudice as to all Defendants"
I'm assuming that they plan to start over with the proper procedures, or they couldn't complete the discovery in time.
Should I sign this and send it back? The Plaintiffs lawyer did not send a signed copy to me.
The other option would be to file a motion to dismiss for failure to respond to discovery. Would this be a better option?
Also, if I did want to sign the Stipulation of dismissal, I would want add: "the parties to bear their respective costs, including any possible attorneys' fees or other expenses of this litigation."
Should I have the Plaintiff modify the SOD to my liking?
1 Answer from Attorneys
You'd better get a lawyer pronto. Your efforts to DIY are speeding you to a judgment in foreclosure and losing your home. You can claim as many failures by the bank to strictly follow procedural rules, but you can't sit on your hands.
If you think you're saving money by not using a lawyer, how much is the house worth to you? Is it worth less than the cost of a lawyer?
THIS RESPONSE IS NOT LEGAL ADVICE, SINCE I DO NOT HAVE ALL OF THE INFORMATION THAT WOULD BE REQUIRED, AND I DO NOT HAVE A REPRESENTATION AGREEMENT WITH YOU.
* If the answers to your question confirm that you have a valid issue or worthwhile claim, your next step should almost always be to establish a dialog with a lawyer who can provide specific advice to you. Contact a lawyer in your county or township.
* Another reason for contacting a lawyer is that it is often impossible to give a good answer in the Internet Q&A format without having more information. The unique circumstances of your situation and things that you may not have thought to mention in your question may completely change the answer. If you want to be sure that you have a complete answer to your question and an understanding of what that answer means, establish a connection with a lawyer who practices in the area of your concern.
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