foreclosure reviews
What does the prosecuation mean in this?
“REVIEW OF FILE REVEALS THAT THERE HAS BEEN NO PROCEEDINGS TAKEN FOR 6 MONTHS. UNLESS GOOD CAUSE IS SHOWN THIS CASE WILL BE DISMISSED FOR WANT OF PROSECUTION.”
This is in regards to my mortgage that was in foreclosure, but we have been on a repayment plan for 6 months, so they did not continue with foreclosure. My question is about the prosecuation part of the above. Thanks
This notice means that, unless the plaintiff takes action (like setting this case for trial), the court will dismiss the case. Basically, the court is saying that, if the plaintiff is not interested enough to pursue this case, then it should not be left pending on the docket.
This is a common procedure. A plaintiff may file a case without sufficient evidence in order to preserve their rights to file suit (e.g., coming up on a statute of limitations deadline), but realizes later that it is unlikely to win in court. Or an unethical attorney will take on more clients than he can effectively represent, so he forgets about a case he has filed.
