I was all set to close on my construction to perm loan (in my name only, hubby's credit isn't great). Upon title search they find a judgement from a credit card company at the courthouse (judgements go with the land, so no close unless satisfied) against my husband. A card that he had waaay before we got married. The original amount is $5100 but they jacked it to $7800. My title company called Clontz and Clontz and they are suing on behalf of Credit One, LLC. Now the amount is almost 10,000!!! Even if the SOL expired, they can still renew the judgement which goes against the land that we want to build on and in turn, even though it is not against me, I will never be able to close. What is the likely hood that he can settle for a lesser amount have the judgement taken off the property and I can get started on my house (baby is due in Oct!). He wasn't properly served, and it is a default judgement. We do not have time to fight this, they have us by the short and curlys. Any advice??
If you don't have time to fight this, your only choice is to pay. I'm sorry to say, but your mortgage broker made a dumb move by calling the judgment holder. Now they know that you are trying to buy a house, you can't until its satisfied, why would they need to settle? Like you said they have you by the short hairs. I don't know how long it takes to vacate a judgment (since you suggest he may not have been served properly), or even if you can this late in the game. I'm sorry to be such a bearer of bad news.
Do you OWN the land? Whose name(s) is the land in? I am in agreement with jlynn; they seem to have you, and the only answer may be a negotiated settlement. I would request a copy of the judgement for verification; and perhaps consult an attorney if you can. Beyond paying this off, you will need to look for some mistake they have made, and use it as leverage. Again, sorry for the bad news, but good luck....
Re: Re: experts PLS HElP. ****************************************************** NEW MEMBERS READ THIS. http://consumers.creditnet.com/straighttalk/board/showthread.php?s=&postid=410243#post410243 ******************************************************* I would DEMAND a copy of the judgement . >I would also go to the court and get copies of all the papers from this and compare them with what the judgment holder provides
****************************************************** NEW MEMBERS READ THIS. http://consumers.creditnet.com/straighttalk/board/showthread.php?s=&postid=410243#post410243 ******************************************************* He wasn't properly served, and it is a default judgment. <<<<<<>>>>kiloecho >>>>>>>> ~~~~~~~~~~,,,,,,,,,,,>>>>>>>>>>>__________------------------ I believe default judgments need to be outlawed. Some people don't - how do you feel about them?
The mortgage/land is in his name. Judgment against him (something way before we were married). Judgments are tied to the land no matter who is trying to buy it.
also, the title company just called for the payoff and did not disclose any other facts. My DH is getting an attorney to deal with this. Default judgements are a crock. The CA mails stuff to his parents address which is not his!!
