I am refinancing my home a judgement is against me that should not be. The title company wants to pay creditor
157155
Contrary to what many people think, a bankruptcy does not automatically void a judgment lien.  If you have a judgment against you and the creditor filed a lien against your home, the lien would survived the bankruptcy unless you filed the proper motion with the bankruptcy court to remove the lien.\n\nMy suggestion is that you see a bankruptcy attorney right away to review your bankruptcy file to see if there is still something you can do about this.  If you did not file the appropriate motion, you might be out of luck.
669823
There has to be more to the story than you are stating! Tell us more or you will not get good enough answers to help you. SHE had to sign legal documents and have them explained to her and in most states after a refinance you have 3 days to rescind!
1180683
The judgement is already rendered and should not keep you from selling the car. The sale will not change the amount  set by the court.
637453
By accepting a partial payment you are creating a new contract with the debtor, and creating a "contract volition" whereby you are replacing the current agreement with a new one.  The judge will toss out your suit if you try it.  And if he finds a lawyer who knows his stuff you could be countersued for a great deal!  \n\nSend the customer back his money and negotiate a payment schedule, or sue him.
318415
What they are doing is completely legal.  Who issued you a deed in 2002?  That is the person you must go to now to get the check endorsed.  Once this is done and the house repaired, I recommend that you either ask the lender to let you assume the current mortgage (not likely to happen) or refinance the mortgage in your own name.\n\nAnother option would be to retain an attorney and let them fix this for you.  The legal fee shouldn't be too high and it would be worth it to get things cleaned up and in your name.
983122
Her refusal or denial of payment needs to be brought to the courts attention. The court then can put a lien on her property and charge interest or change the amount awarded to you to a much higher one.And the bonus she will most likely be placed under arrest for contempt.
211125
First off this sounds like a threat.\n\nIf you owe a business or professional (Accountant, Lawyer, Doctor, etc.) they typically don't have the ability to report directly to a Credit bureau.\n\nThe only 2 ways they can do this:\n\n1) Send your debt to a collection agency who will try and collect from you. Each state has specific laws regarding how long they have to try before they can report to bureaus.\n\n2) The "Professional" can take you to court. If he wins he will get a Civil Judgment. That will most likely be reported to the bureaus.\n\nIt is always best to negotiate a settlement/payment plan with the original lender.\n\nIf you know the charge/debt is incorrect than I would let him either take you to court where you can present to the Judge your information and depending on your jurisdiction you can recieve a judgment for your costs if you win.\n\nIf he takes you to collection you can ask the Collection Agency to validate the debt and they have 30 days to provide you with the pertinent info (date of debt, how much, copy of invoice, etc.) to prove their debt. That will at least buy you 30 days.\n\nIf you are just being threatened and you know that the debt is invalid then send them a certified letter requesting validation(proof) of the debt.\n\nGood Luck
298229
Frank!  Go away!\n\nI agree with the other people's advice...if all you owe is $2000 then it's worth trying to work it out with the credit card company.  Even if it involves making minimum payments.  That would work out to around $60-80 a month.  \n\nBy doing that, you avoid additional fees and penalties, until you can get your feet under you financially.  \n\nThe worst thing?  First they will place a report on your credit, making it hard for you go get loans in the future.  \n\nFor $2000 they may sue you.  If you have an income, or property such as a home or car, they may decide it's worth the effort.  If they do, tack on court costs and lawyer fees to what you owe.\n\nOnce they get a judgement, they can either garnish your wages, attach a lien to your bank accounts, take your car or put a judgement lien on your home (then you can't sell it).  \n\nThey don't go after your furniture or other posessions as nitwit says above.\n\nSo, my opinion, call the CC company and work it out.  If they don't budge, send them a letter to cease and desist so they stop calling you.
753498
Why in the world would you let it get to there? Go and see the lender, explain the situation to them and volunteer to sell the house and ask them to put payments on hold pending sale. Your credit rating won't be perfect, but it will be a lot better than defaulting!
1136030
Yankee has it right.  Regardless of who is on title, the original Trustors (the people who took out the loan) will remain the same and will still be liable for the loan.\n\nYou can, however, as a long shot, ask the bank to do a modification of the Deed of Trust and take you're ex's name off.  It's rare they'll do that though.  They'd rather make money on having you refi.
1017243
i believe the loan is ileagal as the surety isnt all that persons property and thats fraud against the loan co and the partners who have an interest theve been cheated of their equity and the person that secured finance should tell them and also the contract could be nullified by this action no bill for the loan but an angry mob at the door  if the title wasnt clear the financiers were wrong to allow the deal to go through and it could only be for the amount of the persons interest in the property ask a free attorney they all have a free hour consult in the office
765949
Has the lien been reported to your credit?\nIf not, pay it off. If so, consult an attorney specializing in real estate.
951403
I have not seen the documents you recieved,and therefore, I can't tell exactly what's going on here.  You did not give sufficient detail.  \n\nWas this a summons from a bankruptcy court?  If so, its possible that the bankruptcy court is notifying  you, as a co-debtor (NOT co bankrupt debtor) that there is property to which you may have an equitable interest, that is subject to the bankruptcy estate.  \n\nIf this is a house that your sister was in joint tenancy on, the laws protecting the house from the bankruptcy estate will vary depending on your state.  You must IMMEDIATELY consult with a qualified bankruptcy attorney.  DO NOT consult with a bankruptcy software program, or with a site advertised here.  Also, do not consult with your sister's bankruptcy attorney.  He/she does not represent your interests, he/she represents your sister's interests.\n\nFor a referral to a bankruptcy attorney in  your state, contact your local or state bar association.
668862
Probably not, they are probably trying to scare you, but probably won't sue you.  If this were to go to court the realtors are the professionals and you can easily paint yourselves as being taken advantage of.  No realtor wants that, so they will almost never sue you (they may sue each other for how the commission is split after a sale but I've never seen one sue over a contract that wasn't even accepted).\n\nAs to the legal issue, you have an agreement with your realtor.  If your realtor found a "ready, willing and able" buyer, and the buyer gave you a full price offer with no contingencies and has excellent credit (ie no chance they will pull out of the deal) and gave you a reasonable downpayment; then YOUR realtor is due their commission EVEN IF YOU REFUSE THE OFFER (thats almost certainly the agreement you signed with them - check the agreement to make sure).  \n\nTypically the other realtor gets their commission from your realtor (ie you pay your realtor 6% and the other realtor gets half or 3% of that commission).  This transaction is done at the closing table so it looks like you are paying both realtors yourself, but actually you are paying your realtor and they are forwarding an agreed amount to the other realtor.  Thus, the realtor would sue your realtor, not you (but your realtor could in turn sue you if they thought the commission was due).  So, in a round about way the other realtor could sue over this, and the lawsuit could come around to you, its rare but it is possible.\n\nHowever, going back to the 2nd paragraph, the offer has have absolutely no contingencies, be full price, and be from someone with perfect credit and a reasonable downpayment.  Offers never are written with no contingencies, usually are not full price (though you did say this one was full price), and the buyers often don't have excellent credit or a reasonable downpayment (admittedly these last 2 conditions are subjective - may need to check with a local lawyer on exactly how these are defined in your jurisdiction).  Thus, you can almost certainly refuse the offer with no fear of reprisal.  \n\nIf the contract has any contingencies, just tell your realtor to tell the other realtor you refuse to accept a contract with any contingencies, and now the property is off the market.  Again, this contract does need a contingency for this to work, but virtually every contract has a contingency.  Again, even if this contract didn't have any contingencies and met all the other conditions, I still doubt the realtor would sue, but they could.\n\nFor more info I'd consult a lawyer as things could be different where you live, but this really sounds to me like a realtor just being a jerk.  Good luck.
1183307
Yes, but this is an up hill battle. The laws are not really in your favor. \n\nHave your attorney file a "stay judgment order" which should give you time to mount an appeal. There are nonprofit organizations out there to help you, do some searching for pro bono housing council.
848455
yes it is..........all to do with the credit scoring system....if the other company has stricter guidelines they can refuse the transfer
1072675
I had a judgement filed against me. I paid the debt. I am now in the process of debt recovery. I did find out that when they file a judgement, you can call the lawyer in charge of the action and talk to them about debt repayment. The interest didn't mount up either after the judgement was filed. The only draw back is that they keep it on file for the next 6 years after the debt is satisfied