- Feb 28, 2010
The only thing I received during this entire process was the initial complaint in '12.Yes, when plaintiff lets the case hang with no activity for over 1 year, the court wants it off the docket. I've noticed quite a few of these actually do get dismissed by the court.
But check out F-001281-12. After the warning was filed, counsel came back with a Final Judgment.
And in F-001276-12, F-001278-12, and F-001073-12, counsel came back and filed an "AFFID EXCEPT CI." I'm guessing this is an "Affidavit of Exceptional Circumstances." Meaning they will probably soon be filing something else. I'm very curious about it however and will request a copy of some records to see what it is.
There are a LOT of these dismissals in ACMS. Gotta wonder what's going on when they let cases go by the wayside even after the court notifies them.
Are you saying this motion was filed and you did not get a copy in the mail? That's crazy. All parties should know such a motion was filed. The pro se is mistreated in so many ways. If you had counsel, he/she would have been notified - I surmise.
Yours was granted, so I think it's over for now. Though there may be some other motion they can file. Don't know about that. I can tell you I have searched through hundreds upon hundreds of cases in ACMS and I have never seen counsel file anything after the court order to dismiss was granted.
Did you have any counterclaims in your answer?
Nothing was contested in the complaint (I did not file answer with court). It's been my intention all along to allow this to proceed as an uncontested foreclosure.
Based on your research into ACMS, it's looking like another suit will need to be filed by Fannie. Assuming that's the case, is it possible I'm looking at another four years of this? Has anyone ever heard of the process taking eight years to complete? I can't believe Fannie would allow that to happen. Unless there is something in the documentation surrounding the property that is complicating matters - I don't know. But you would think a simple motion could buy them additional time (such as AFFID EXCEPT CI that you mentioned).
I'm sure there's a valid reason. Regardless, I'm a bit confused what happens next and how long this process will continue for.