I have a very fast question... A number of years ago ( 97 ) i wound up filing BK, and in order to avoid forclosure, my attorney did a "deed in lieu of forclosure" the problem is,. the mortgage co went after all was done, and got a judgement on me for the whole amt of the house, plus interest. this was even after they SOLD the place. Do i have any grounds here? i was told that the deed in lieu prevents judgements. am i screwed? or should this be a easy delete... shawn
There may be a number of things you can do about getting rid of it. May I suggest that you go down to the courthouse and get a copy of the papers they filed and check to see if they have charged you any attorney's fees and then see how much interest they charged you in the judgment. Then check the legal limits for interest in judgment cases. If the judgment demands greater interest rates than the amount listed for your state. If it is greater than that allowed by law in your state on judgments then you may also have a second reason to get the judgment overturned. There are many other ways to get a judgment overturned and the possibilities are seemingly legion. Any one serious error in the paperwork could mean a victory for you. Hope you lucked out because if you did, you may be able to get your house back and charge them interest and rent on the house during the time they illegally held it from you. And then there are possible damage awards that you might also be able to get. It could turn out to be a very costly situation for them if they didn't do it right. Of course, once you knew all the possible reasons that you may have grounds for reversal of void judgment, you would want a very competent attorney to handle your case for you.
Breeze: Thanks for your concern. Yes, I know where you are coming from. What I wrote above isn't advice. It's just some things things that can cause a judgment to be overturned. Everybody around here knows that I'm not an attorney and not the least bit qualified to give any advice on what people should or should not do on legal matters. One of those little $19.95 Wal-mart home lawyer CD's has more legal knowledge on it than I got in my whole brain. I wouldn't make a pimple on the end of a lawyer's nose.
Pat, After falling on hard times, we fell behind on our mortgage payments and were threatened with foreclosure. We went through the Act 91 Emergency Mortgage Assistance and were able to keep our house. They (The state) paid all back payments and taxes. They report to all three CBs. But - After the mortgage was reinstated and all was well, a judgement for the total amount appeared on our reports. I sent the contact person at the loss mitigation dept at the mortage comapany a lenghty letter explaining how many laws they had broken, and if I didn't hear from him in 10 days would be forced to take further action. Three days later I recieved a very apoligetic call from him, and 2 days later the judgement was removed. Of course, he blamed their lawyer, whom of course, they no longer use. Two days later, he called again to see if there was anything else he could help me with. I didn't have to hire a lawyer, sue anyone, go to court,or anything alse. My point is to start at the beginning, sometimes it actually works! I don't know if the Act 91 is federal or state run.
