WARNING: THIS IS LONG AND YOU MAY HAVE ALREADY READ IT ON AOC... Iâ??ve been diligently reading and absorbing. My credit background is this: filed BK7 in 9/98, discharged 1/99. At time of filing had judgment already against me from one of my creditors Discover/Greenwood Trust. They were included in my BK7 so Iâ??ve learned here that based on Title 11 (if Iâ??m not misquoting) that judgment is void. I applied for a mortgage in December 2003. The mortgage place said my score was something in the high 600â??s and I have a judgment pending against me that Iâ??d probably have to pay off before going ahead with the approval for the mortgage. My â??mortgage guyâ? sent me a faxed letter indicating I was pre-qualified (Iâ??ve learned this means nothing) for a mortgage up to $350,000. He mentioned on the phone the interest would be 7.?% and there would be PMI and blah blah blah (thatâ??s an actual quoteâ?¦of what I heard)! LOL OK, I go onto myfico.com, pull the three reports with individual scores on each. I get scores of TU704, EXP684, and EQX 704. I have two derogatory public records on all of my reports: BK7 and Judgment. I have some older CC accounts on some reports showing as paid/never late and no reference to the BK7 even though they were included. So they actually help my score! I have a â??CITIâ? account which was not on BK7 that is coming up as a charge off. Donâ??t recall the card or owing them money. Date reported on that was 10/98. Everything else seems OK. Oh yeah, I have some hard pulls from companies Iâ??ve never even contacted so Iâ??ve mailed non-PP letters to them threatening to sue if they donâ??t delete and send me some cash (LOL) The small claims summonses are printed and ready to be mailed on the deadline to answer date. Get this, the mortgage company I paid close to $400 to on December 28th (when I had no idea what getting a mortgage entailed) has four hard pulls on my EXP report. Two on the same date of 9/03 and two in Jan or Feb or â??03? What the heck? After learning more about the type of service I should be getting, Iâ??m not so sure I want to use them at this point, Iâ??ll eat the $400 non-refundable fee but I will sue them for non-PP and maybe since they are so knowledgeable about the law (â??pay off the void-through-bankruptcy- judgment before getting the mortgageâ?) they may actually pay me back my fee or the $1000 Iâ??ll be asking for as well as removal of the pulls in my lovely non-PP letter! So here finally are my questions. As youâ??ve read, the judgment is something I was going to try and convince the plaintiff to sign a satisfaction of judgment for and file that with the court so that it will at least show as paid or satisfied on my report. BUT, I see the statute is coming up on 9/04! Will I risk getting this somehow â??re-agedâ? (if that term can be applied to this scenario), will I be waking up a sleeping dog. What I want to know is there any way a judgmentâ??s statute can be re-started as in when you mistakenly call or contact a CA and tell them you may be paying them etc right before the SOLC is up. I am going to send CITI a letter demanding validation, thatâ??s the account dated 10/98, and listed as charged off. Is this the right thing to do or should I really just wait. Iâ??d like to try and get a mortgage before the summer thatâ??s why Iâ??m itching to go on these things. Even after BK7 I held on to AmEx because I owed them nothing and continued using them. I have an old account on my EXP report that shows closed by account holder, should I ask them to purge that off my report to help tidy it up? The age of the account is the same as my open AmEx accounts. Sorry I was so lengthy, I thought the background was necessary in order to get accurate responses! Thanks!
One thing at a time... USC Title 11 Chapter 5 Subchapter II Section 524: This is the section "Effects of a discharge." Since you have your discharge, the Judgement in now VOID. The CRA doesn't care though. You need to file a motion with the court where the Judgment was obtained. Cite the above section of Title 11, Define VOID from websters or any other dictionary. Request that the court vacate the judgment. When the court grants the request, you send a copy to the courthouse and every CRA. NEVER pay a discharged debt!
Ok gotcha, I realize you're saying to change the status from judgment to satisfied or vacated judgment I have to go through the "motions", but my real question or worry is do I run the risk of getting it/someone trying to collect and getting it to somehow stay on longer than 9/04. In other words, am I making waves where I shouldn't because it's scheduled to fall off in September of this year?
Can Judgement be re-aged SgtsWife SAID: Am I making waves where I shouldn't because it's scheduled to fall off in September of this year? ~~~~~~~~~~~~~~~~~~~~~~~~ ******************************************* They never take it off the report when we make it right so why should we take it off the docket when they do??
Re: Re: Can Judgement be re-aged Oh, I see now. (Kinda slow these days, I'm giving all of my brain power to this little critter I'm carrying for the next few months) I thought your line "they don't take it off your report..." was some response to weather I should try and convince the plaintiff to sign a satisfaction of judgment. I thought of a way to pose my question without an essay first... 1. How long does a judgment that was obtained in New York stay on a credit report? 2. Does the fact that I no longer live in New York (now in New Jersey) matter? 3. Is there any circumstance that can cause the judgment to remain on the report longer than whatever you answered in question 1. Thank you for the bump, how about some bumpage next time!
Re: Re: Can Judgement be re-aged You've gone the ultimate distance, Ch7, and it's been a while since. You've got everything in your favor. On the judgement, go through the system, get it vacated and then get it off your CR. It will take a while, but hell, you've waited this long, what's another few months. The timing of your mysterious discharge sounds like it was included in your BK. Check your papers to make sure. Often a writeoff is stated when it was actually IIB. Anything that was IIB is nothing to be worried about now. It's against the law for them to collect on anything that was discharged. The really good news is that in about 18 months you hit the 7 year mark and everything that was IIB falls off. I've got 4.5 years to go until that happens. On the mortgage thing, not sure what they charged you $400 for but generally, no need to pay until you're doing an appraisel. I was just two years post discharge on my Ch7 and I got a $300k+ fixed 5.5% loan w/only 5% down, no closing costs or points. Sounds like this character put you in subprime-ish markets when you should not have been. If you can show the judgement was related to the debt that was IIB, any underwriter can manually over ride the red flag. I'm not sure you've got grounds on PP, unless you have proof that your relationship ended before they did your later pulls. Not all that important, but you can have any pulls that occur the same from the same company reduced to one per day.
