Legal Question in Real Estate Law in Ohio
We are in the process of settling with our mortgage company our property that was in foreclosure. We are accepting a deed of lieu. It looks great but the line item that I want to make sure of is the statement from their attorney stating that the case will be dismissed with prejudice. Should it be without prejudice.
1 Answer from Attorneys
DEAR INQUIRER: The teerm "...with prejudice..." means finality, i.e. that all issues have been resolved with finality; there is no reason for further adjudicatiobn or appeal;, the resolution is FINAL.
Be certain that is what you desire and agree to do. I must understand from your facts ,stated very sketchi;y, that you are purchasing the note from the lender or bank, in lieu of foreclsoure. Please obtain the advice of legal counsel before you enter into this settlement. Be certain of your rights and best interests. RETAIN COUNSEL ASAP!!!.
GOOD LUCK, GOD BLESS...
Sincerely,
J. Norman Stark
/s/____________________________________________________
J. Norman Stark, Attorney & Registered Architect
Civil Circuit Court Mediator (Cert.FL., OH), Arbitrator, Litigator
17000 St. Clair Avenue
Cleveland, Ohio 44110-2535
Tel.: (216) 531-5310 X22 Fax: (888) 833-5860
Email: [email protected]
Website: Jnormanstark.com
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