plantiff refiled after case closed WITH prejudice
the foreclosure case was closed with prejudice. it was then refiled. my attorney said i was barred from doing anything because i did not file a complaint. now i learn that it should have not been refiled in the first place. the refiled suit is exactly the same suit that was terminated with prejudice. now. how do i get this new foreclosure suit that is illegally filed to end. what do i need to file to vacate or reverse? is the plantiff in contempt of court for refiling a settled and ajudicated case?
Re: plantiff refiled after case closed WITH prejudice
I can't answer this without knowing why the original case was dismissed. If the underlying security was good then the foreclosure could be refiled under some circumstances. Otherwise it should have been dismissed and you shoot for costs.
