Legal Question in Real Estate Law in Florida

I recently read a court docket on my foreclosure case and it read as follows:

6/20/2008 voluntary dismissal of cause as to count 2 re-establishment of lost note

7/13/2009 notice of filing original mortgage and note

8/27/2009 voluntary dismissal of cause as to count 2 re-establishment of lost note

Does this mean 1. The process is at a problem stage for the plaintiff and the note cannot be used as evidence.. or... 2. I should hurry up and complete a short sale before the foreclosure occurs sooner than later. Thanks.


Asked on 9/25/09, 4:51 pm

1 Answer from Attorneys
Philip Duvalsaint Philip A. Duvalsaint, PLLC

If a note is lost, you must include a count to re-establish the lost note. It appears that they found the note and the mortgage so they dismissed the count to re-establish & filed the originals. So your answer is 2, get the short sale done.

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Answered on 9/25/09, 6:00 pm


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