Sat Mar 23, 2024 11:33 pm by globalturbo
Just wanted to share in case anyone is still paying their mortgage... After many months of going back and forth with Bank of America and then their attorneys, I am the proud recipient of a Motion and Order to Dismiss the case where they were trying to take my house!!! Infinite Peace Love and Gratitude to David Hamilton (clerk of court york county sc), who did the right thing based on my communications to him regarding the fraudulent bank and attorneys. The reason given on the Order to Dismiss was SC Rule 41 (a) (2), which is as follows...
RULE 41
DISMISSAL OF ACTIONS; NON-SUIT
(a) Voluntary Dismissal: Effect Thereof.
(1) By Plaintiff; By Stipulation. Subject to the provisions of Rule 23(c), of Rule 66(a), and of any statute, an action may be dismissed by the plaintiff without order of court (A) by filing and serving a notice of dismissal at any time before service by the adverse party of an answer or motion for summary judgment, whichever first occurs, or (B) by filing a stipulation of dismissal signed by all parties who have appeared in the action. Unless otherwise stated in the notice of dismissal or stipulation, the dismissal is without prejudice, except that a notice of dismissal operates as an adjudication upon the merits when filed by a plaintiff who has once dismissed in any court of the United States or of any state an action based on or including the same claim.
(2) By Order of Court. Except as provided in paragraph (1) of this subdivision of this rule, an action shall not be dismissed at the plaintiff's instance save upon order of the court and upon such terms and conditions as the court deems proper. If a counterclaim has been pleaded by a defendant prior to the service upon him of the plaintiff's motion to dismiss, the action shall not be dismissed against the defendant's objection unless the counterclaim can remain pending for independent adjudication by the court. Unless otherwise specified in the order, a dismissal under this paragraph is without prejudice.
I am not a legal person, so what does the part about "the notice of dismissal operating as adjudication upon the merits when filed by a plaintiff who has once dismissed in court an action based on or including the same claim" mean exactly? Does it mean others could use this notice of dismissal to point to if they were in the same situation?
And the attorneys had to pay $25 to cancel their case against me, by order of the court
All of this is irrelevant at this point, just wanted to share in case anyone was still stressing over it. Oneness!!! Love to Everyone Everywhere!!!
Thanks to: Pamela Howell on facebook
