The mortgage company said we had to pay a judgement that was on his credit. This was the only problem. We paid $ 7,000 to settle the judgement. The loan was cleared to close on Dec. 3. Yesterday, they said that Chase Bank could not get pmi on the loan because his credit score is too low. His score has dropped 30 points since the beginning of the process because the mortgage company keeps changing banks and each bank pulls his credit. Now they say the only option is to come up with another $ 3000 as a down payment so that pmi won’t be required. We were supposed to get 100% financing through Freddie Mac. We can not use any of our money in the bank because a certain balance is required for the loan to go through. Also, we can not borrow the money or it will make our debt to income ratio too high. The seller is selling for 35000 but the contract says 50000 so we will have money left to pay someone back. Are there any type of (1 week) loans that won’t immediately show up as debt on credit?

 

from the mortgage that we had when we were married? He was not ordered to refi in the divorce, and refuses to refi. Also,my credit with my new husband is not strong enough to have my name on 2 mortgages. I have hired a attorney but really haven’t gotten anywhere with it. He (LAWYER) said the you can not change a final judgement in a divorce decree about the martial property, but I feel that I have a good case because my ex assumed a hardship loan on the property without my knowlege and giving the mortgage company some false info, before the divorce was final. My ex recieved a permement hadship loan for the remainder of the loan (28 years). Interest rate of 2.28% and let me tell you he does not have any hardship,especially as soon as the hardship wasfinal he bought a brand new truck, finished the basement of his home, put a pool in the back yard, and took the kids on a 7 day vacation to Disney world. the finance company said they will not evaluate him UNLESS he misses 3 payments.

 

can a bank in florida legally issue a mortgage, deed and title execute a mortgage without the signature of the soon to be ex husband for a house the soon to be ex- wife wants to buy before the divorce is final? Plus, the house to be bought is considered a “secondary” home evenso the jointly owned house of the divorcing parties has sold a months prior to closing of the :secondary” home. Can this be done or did the issuing mortgage bank make a “OPSH” here? now I can sell the house because I can clear the title, evenso the ex has NEVER been on any of the papers.
more info:
bought the house in 8/05, sold the joint house in 7/05. divorced in 10/05. The first title company refused to go to closing without my now ex”s signature. The bank found a new title agency that was willen to do the deed if the mortgage was written as “a secondary Home”. Howeverm now it is almost 3 years later and I have to do a deed in lieu of foreclosure which my bank will consider but now demands my ex’s signature on the document. How can they let me get in without his signature but require him to sign for me to get out? He is not on any other papers involving the mortgage, deed or title for that matter. The title company refuses to help but questions the issuing mortgage method of writing it as “secondary” home when the “primary” home was already sold and not occupied by either one of us anymore. I am very confused about all the legal aspects here in Florida. Thanks.
o.k. I can see where I this can be confusing to everybody. Let me try again: I was seperated to be divorced in 2005. Until we sold the house in July of 2005 we held title jointly in the marital house.
I bought a house (closed) in August 2005. The bank processed the papers as a “secondary” home so my than still husband ‘s signature wouldn’t be required at closing.
We divorced in October of 2005. No references or judgement was mentioned in regard to the 2nd house.
( My now ex knew about the house I bought, but didn’t claim any rights to it, matter of fact didn’t wanted anything to do with it)
Now, 3 years later I have requested a Deed in lieu consideration by my bank and they said theneed his name on the deed in lieu papers to go to closing. How can they require his signature now when they had no problems with the initial closing him not being on the papers anywhere? How can he sign a quit claim when he was never on the title/deed to begin with? Plus. he’ll never sign. (Bad blood)

 

Or do you feel sorry for them ?… let me explain.

Link to what i’m talking about:

http://finance.yahoo.com/news/Mortgage-lenders-pursue-cnnm-3107909798.html?x=0

We all know that the financial crisis didn’t just affect Liberals, and didn’t just affect Conservatives… we were all affected. People lost their homes and investments everywhere….

Some people aren’t aware that even after foreclosure, giving it back to the bank, or short selling your home… you could still be on the hook for thousands of dollars of deficiency on your homes value.

Many people are finding themselves in the circumstance described in the article….. bought a home when economy was good, economy tanks, home prices dive, lost jobs, foreclosure….

So can the bank hit you up directly for these enormous sums of money, even though the short sale or forelosure couldn’t be done without the banks approval ?

The answer is….
Depends on where you live.

See …those red state voters often side with the bank, and they elect politicians who are corporate minded people, good ol’ supply side boys… they don’t usually side with the consumer. This is the reason that those are the states where the banks can wait up to five years…potentially increasing the loss to you on purpose, before they file a judgement against you.

So even though we were all affected by this…. did red state’s voters get what they deserve, for electing politicians who side with the banks before the people ?

I believe if you take out a loan, you should pay that loan off. You agreed to pay, you should pay.

However… I also feel that the responsiblity for this “investment” should not just be on the consumer in the event that the value of that investment plummets. The bank made the loan with the intention of making money, but that profit intention is no more guaranteed than the equitability of that investement made jointly with the consumer. Additionally, there should not be a legal instrument, in which the lender can legally delay filing a judgement, for the purpose of increasing their claim. It would appear that practice is yet another practice, where the bank is taking advantage of the consumer, by placing all of the potential future losses of that property investement on consumer.

What’s worse is that they are doing these things using money that isn’t even technically theirs. It’s OURS. Using Peter, to kill Paul.

This is something everyone should be aware of, whether you are conservative or liberal, if you are considering allowing your home to go into foreclosure. Check the laws in your state.

———————————
“Once they have a judgment, they can pursue you anywhere,” said Richard Zaretsky, a board-certified real estate attorney in West Palm Beach, Fla. “They can ask for financial records, have your wages garnished and, if you fail to respond, a judge can put you in jail.”

In the case of foreclosure, lenders can pursue deficiencies in more than 30 states, including Florida, New York and Texas, according to the U.S. Foreclosure Network, an organization of mortgage law firms.

Some states, such as California, are “non-recourse” and don’t allow deficiency judgments. But, even there, if the if the original loan was refinanced, some or all of it may be subject to claims.

 

Most people here remember my case, and my triumph over the shady LVNV.  But I think foul play is at hand, and i wonder if I can take legal action.  I wonder what you guys think and if you think its common what is happeneing to me right now.  Im trying to by a home of course but my year long efforts to clear a judgement is still rearing its ugly head.

 

So please, look at these events, and tell me what you guys think is going on here.

 

Dec. 2008 – judgement placed on Credit Report

 

Mar 6 th 2010 – judgement wtill on credit report

 

Apr 2nd 2010 – Judgment Vacated

 

Apr 14 2010 – judgment on credit report

 

May 10 2010 – JUDGEMENT OFF CREDIT REPORT

 

Aug 17th 2010 – Judgement dismissed with prejudice.

 

September 2010 – Im happy

 

October – Still happy

 

November 2010 – Still Happy

 

December 2010 – Still happy

 

January 2010 – Still happy

 

February 5th – Still Happy

 

Feb 27 – Steamin hot JUDGMENT REAPPEARS

 

After 3 disputes, it continue to be verified by Equifax.  The Courthouse keeps telling me they have nothing to do with Equifax, they dont talk to Equifax or deal with them.  Theyve been rude and discourteous to me the whole time because I keep calling.

 

Equifax says it keeps coming back verified by whatever process they use.  its some automative process they use.  The Courthouse lady, says everything they have shows the judgement is dismissed, and that it is nothing more she can do.

 

3 Disputes, and they all say the same.  Judgment is valid, but Courthouse says NO. 

 

SO 1st.  Why would a judgement reappear on my credit report, after being off for 6 months, unless LVNV reissued it?  And did something to it, to make it difficult to get off.

 

I dont know what do do im in conspiracy mode.

 

I have a judgement from September 2004.  It is almost due to come off my credit report (around September). Dominion Law Associates wants me to pay it right away.  They will settle for 60% in two payments with $100.00 deposit by Monday.  Are they trying to get any type of payment so they can doing something else? The original amount was around $2000.00 but now it is almost $8000.00. 

 

1.Should I wait until it comes off my credit report before I make any type of settlement? 

2.Should I see a lawyer and see they can negotiate a reduced amount? 

3. Can they go to court and reissue another judgement or something so it stays on my credit report?

4. Can they take money out of my checking account?

 

I apologize.  I am new to the boards and I have tried to find the answers but I am a novice. 

 

Long Story:

 

I had an Auto Loan that was opened on: 2/1/2004 I was in over my head and the vehicle was reposessed on August 2005.  <- This is also the last date the OC reported.

 

Me being foolish I dodged bill collectors for several years that were trying to get the remaining balance on the Auto. Fast forward to May 2009. I was looking to buy a home and the Repo is still on my credit showing Charged Off $0 Balance by the OC. I had no problem getting approved on the home since this showed nothing was owed. During closing I get a letter summoning me to court. The creditor this was sold to is now trying to get a judgement. I rolled the dice and paid an attorney to answer the complaint for me and fight it if necessart, the main reason was to buy time incase I got the judgement was granted in their favor. I didn’t want the lender to see this and deny the loan at the last minute.

 

The attorney was able to get the collectors “attorney” to drop the suit without prejudice. Meaning if they decided later they could suit me.. he then asked If I would like to counter suit them for his time and money etc.. It was included in the original retainer. I had no problem doing the .. needless to say they decided to settle on dismissing the case with prejudice meaning they can not try to collect on this ever again.  This is a good thing. I never got a judgement for this nor did I have the pay the deficiancy balance. :)

 

I am now doing some gardening on my Good Credit. Have been ontime with ALL my bills since April 2008. I was wondering if I disputed what the OC is showing on my credit file given that I have a court document stating that this was dismissed… Is it possible I can get this removed from my credit file?

 

I am no attorney or expert and I should of asked my attorney at the time but this was a few years back. Regardless this line makes me believe that it should not be reporting on my credit file.. Any suggestions if it is worth trying to remove? The only weeds I have to pull are now weeds I grew years back since I have done so well since. :)

 

2 Mutual Release.
All of the parties to this Settlement Agreement, as well as
their predecessors, principals, related individuals, relatives, assignees, transferees, insurers,
agents, attorneys, successors, and heirs, shall be and hereby are RELEASED, ACQUITTED
and forever DISCHARGED from any and all suits, liens, debts, damage claims, judgments,
costs, expenses, obligations, demands and causes of action, whether by statute, in law or in
equity, of every nature, known or unknown, which the parties have or may have against each
other which relates to or arises out the subject matter of said litigation.

 

 

 

Short Story:

Got Auto Loan

OC Repod Auto

Charged off Deficiency balance

Sold Debt to CA

Bought a House

CA tried getting Judgement (while closing)

CA Failed getting Judgement

 

Can OC report Charge Off if CA was unable to get judgment and court docs stating this was dismissed? Refer to Court doc Line 2 above.

 

i was irresponsible in my younger years and through most of my years as being a single mother without insurance (as you will see when you get to the medical bills section lol).  I was desperate/ignorant/uneducated and when I lost my job took cash advances out to cover rent etc..  Anways, those details are not important- however I am wanting to improve my score and since I am financially responsible now, want to get my past taken care of, so this brick is off my shoulders.  My problem, is that I am completely overwhelemed and don’t even know where to start.  I started by pulling my credit reports.  I’m a little intimidated that they are all around 18-20 pages long.  LOL.  I don’t have my actual FICO score yet, but I did use creditkarma to view a score and it said 532.  I’m not so worried about my score at this point, I just need to figure out a good starting point, because I realize once I get all of this stuff cleaned up, my score will eventually go up and I’ll be in a better position to get a card to help improve my score.

 

I’m going to list, as best as I can, what my credit reports say- in hopes that someone can help guide me (I realize legally you can’t give advice, tell me what do to etc..) in what to take first and where to start.

 

Here it goes  (ERD = Estimated Removal Date)

 

————–Civil Judgements——————————

Civil Judgement #1 :  Amount $6,177 .   Date Filed: 05/07  Estimated removal Date: 04/2014

Civil Judgement #2:  Amount $3,092.    Date Filed 01/06   Estimated removal Date:  12/2012

*****#1 is for the credit card i took cash advances out on to cover rent.. the other is the resulting judgement when i ran out of funds and was evicted- they both have withholding orders on me, and take my mi state taxe refund every year) 

 

 

————–Bills still showing paid/owed to the original creditors———————–

BILL #01:  Original Balance $246 Balance $301 Past Due: $301  Open/Collection Acct.  Date placed  04/2006  ERD 08/2011

BILL #02:  Original Balance $85   Balance $54    Past Due $54      Open/Collection Acct.  Date Placed 03/2008  ERD 11/2014 

BILL #03:  Original Balance $122 Balance $0      Past Due $0        Open/Payment after chargeoff  Date Placed 07/2007 ERD 02/2014  Date Closed 02/2008

BILL #4:  Originial Balance $3,735  Balance $0  Past Due $0    Paid – Date Opened 07/1999  Date Closed: 02/2002  

**********Bill#4 was for an auto Loan.  It was always paid on time and paid off before the end of the loan in full.  I never missed or had a late payment on this account YAY!

 

 

—————–Student Loans ———————————

#1:  Balance $1,584  Past Due $0  Paid or Paying as agreed (deferred until 05/2012) Did have a max. deliquency of 120+ days in 05/2009 for $200

#2:  Balance $8,048  Past Due $0  Student Loan not in repayment yet (i’m still in school)

**** balance #1, I was in school and was pregnant with our third child, and took 2 semesters off, not realizing it would make my student loan start payments, and wasn’t working because of the baby, so didn’t pay them.  As soon as I started classes again, they went into deferment until May 2012.  I am currently still in school)

 

 

—————— Medical Bills/Collections——————-

Collections #1:  Balance $248  Past Due $248  Open Acct.  Date placed for collection 12/2005  ERD 05/2012

Collections #2:  Balance $62    Past Due $62    Open Acct.   Date placed for collection 04/2006  ERD 10/2012

Collections #3:  Balance $73    Past Due $73    Open Acct.   Date placed for collection 05/2006  ERD 10/2012

Collections #4:  Balance $220 Past Due $220  Open Acct.   Date placed for collection 10/2009  ERD  03/2016

Collections #5:  Balance $220 Past Due $220  Open Acct.   Date placed for collection 10/2009  ERD  03/2016 (duplicate maybe?)

Collections #6:  Balance $252 Past Due $252  Open Acct.   Date placed for collection 10/2009  ERD  03/2016

Collections #7:  Balance $252 Past Due $252  Open Acct.  Date placed for collection 10/2009   ERD  03/2016 (duplicate again?)

Collections #8:  Balance $176 Past Due $176  Open Acct.  Date placed for collection  10/2009  ERD  03/2016

 

 

 Thanks in advance to anyone who takes the time to read these and help me out.  I was feeling overwhelmed, but typing them out has made me realize it’s not as horrible as it could have been (I’ve already had a bunch fall off my report from the last time I got it).  Also, if you need other information from these, just let me know, I will gladly post it.

Â