With our first hearing coming up on December 6th, I was busy preparing for the next stage of our lawsuit when I got a call from a law firm who was representing Shuping, Morse & Ross (SMR), the firm who had been attempting to foreclose on our home.
I was told that they had been retained by SMR, and they wanted to know if we would consider dropping them from the lawsuit. The reason given is that the foreclosure had already been cancelled, and they weren’t a party to the rest of the complaint. I informed them that while that was true, we had just received a new notice from SMR indicating that they had started another foreclosure action against us.
The attorney responded that that notice was probably in error, as foreclosures are not typically pursued when there is active litigation pending. She said she would check it out, and let me know the current status. About an hour later, she confirmed that foreclosure action was in error, and was no longer in their system.
Based on this, I agreed to remove SMR *if* they documented this fact in writing, and *if* removing SMR didn’t impact the remaining case against the other defendants. She said she would draft the legal documents required, and would forward them for my approval within a couple of days.
