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In a Foreclosure Case, is Dropping a Party the Same as Voluntarily Dismissing the Case or Releasing the Lis Pendens?

When you are in a foreclosure case you may hear different words and phrases like “dropping a party”, “voluntarily dismissing the case” and “releasing the lis pendens”. You may find yourself questioning what these phrases mean and if they mean the same thing. The answer is that they all mean something different. Here is the breakdown:
  • Dropping a party: If you hear or read this line the first thing you need to find out is who is being dropped. Often times, the plaintiff includes placeholder defendants or collateral defendants involved who are later dropped. This defendant is most likely being dropped because they are no longer required to bring suit successfully.
  • Voluntarily dismissing the case: This simply means that the plaintiff is voluntarily terminating the lawsuit. The plaintiff can request a dismissal as long as the defendant has not filed an answer or filed a motion for summary judgement. If the defendant has filed an answer or a motion, the dismissal is only proper under two circumstances: if all defendants stipulate to dismissal, or if the judge who is overseeing the case rules for dismissal.
  • Releasing the lis pendens: A lis pendens is when someone has a claim and they have filed a notice in the public records. A release of the lis pendens means that a cancellation has been filed which negates the lis pendens notice.
Knowing these terms and phrases will help you better understand what is going in in your case. In a foreclosure case, dropping a party, voluntarily dismissing the case, and releasing the lis pendens are not the same. Stephen K. Hachey, a Florida foreclosure attorney, can help your wade through this process and determine a positive solution. Contact him at 866-200-4646. The opinions in this post are solely those of the author. The author takes full responsibility for the content. Like all blog posts, this is offered for general information purposes and does not constitute legal advice.