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Can a paid off foreclosure judgment be vacated?

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CountryHope219
Established Member

Can a paid off foreclosure judgment be vacated?

Hi, I am new here.  Have a question I haven't yet seen in the forums.  My DH and I had a home that went into foreclosure in 2/07 but the lender, WaMu, negotiated a repayment plan with us and simultaneously, we had it on the market to sell.  Fortunately, we received a full price offer in 5/07 and closed and paid off the mortgage in full in 6/07.  As this is a major baddie on our reports, would I have any hope of having it vacated if we sent a request to the court with proof that it was paid in full?  Thanks in advance for your help.

Message 1 of 14
13 REPLIES 13
cdtotten
Established Contributor

Re: Can a paid off foreclosure judgment be vacated?

How is this reporting on your credit report for starters? If it simple reporting as a foreclosure for the original credit line, or additionally a judgement for the deficiency?


Getting the judgement removed won't help your score more than likely,  and the lender isn't going to remove the foreclosure notation as it is valid. Additionally, a 120 day late mortgage is scored the same as a foreclosure unfortunately.


Starting Score: 627 EQ, 621 TU - 11/15/08
Current Score: 778 EQ, 781 TU, 778 EXP 07/20/12 Lender Pull
Goal Score: 800 EQ & TU


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Message 2 of 14
CountryHope219
Established Member

Re: Can a paid off foreclosure judgment be vacated?

Thank you for your response.  There was no deficiency it was paid off in full.  But I guess that avenue is closed to raise the score. 

Message 3 of 14
Booner72
Senior Contributor

Re: Can a paid off foreclosure judgment be vacated?

Getting a judgment removed is very darn likely to increase your score, it depends on what else is on your reports.  A judgment is a PUBLIC RECORD which is NOT GOOD.   if you can get it vacated, go for it.  File a Motion To Vacate at your county clerk and beg the judge.

STARTING: 11/24/10 EQ-584 EXP-648 TU04-595
CLOSED FIRST HOME 8/19/11 EQ-630 EXP-691 TU04-653
CURRENT: EQ-701 EXP-??? TU08-720
Message 4 of 14
StartingOver10
Moderator Emerita

Re: Can a paid off foreclosure judgment be vacated?

I'm not quite sure I understand your situation.

 

Are you saying a foreclosure was filed but that you sold the property to someone else before the bank sale date?

 

If so, than the foreclosure was not completed. What does your CR say and what is the actual status?

Message 5 of 14
cdtotten
Established Contributor

Re: Can a paid off foreclosure judgment be vacated?


@Booner72 wrote:

Getting a judgment removed is very darn likely to increase your score, it depends on what else is on your reports.  A judgment is a PUBLIC RECORD which is NOT GOOD.   if you can get it vacated, go for it.  File a Motion To Vacate at your county clerk and beg the judge.


Booner, I do agree if there is a judgement on his report and he gets it completely removed, it will help his score. Based on his original post, and why I asked, it also sounds like he has a 120+ late reporting on his morgage TL, which is treated as a foreclosure for scoring purposes. Typically people that have major baddies such as a forclosure and a judgement don't see that much of a bump from getting a judgement removed, because they still have a major baddie on their record. Similar to when someone has 10 COs, removing 1 isn't going to do anything to their score.

 

Could you simply copy/paste the relevant sections of your report with pertinent info blacked out so we can see how it's reporting?


Starting Score: 627 EQ, 621 TU - 11/15/08
Current Score: 778 EQ, 781 TU, 778 EXP 07/20/12 Lender Pull
Goal Score: 800 EQ & TU


Take the FICO Fitness Challenge
Message 6 of 14
CountryHope219
Established Member

Re: Can a paid off foreclosure judgment be vacated?

First of all, thanks to all of you SO MUCH for helping. 

 

The Foreclosure Judgment does not appear on Experian.  On Equifax it says:

 

Type:  Judgment

Dated Filed:  02/2007

Case No. (I left out)

Court Address:  POB (I left out #), Atlanta GA

Plaintiff:  Wa MU

Defendant:  ME

Amount:  $153,000

Status: 

Date Reported:  N/A

Satisfied Date:

Verified Date:

Comments:

 

and that's it.  I believe it's on TU, but don't have that at my fingertips right now.  Have copy of HUD Stmt showing payoff amount of $163,257 to WaMu 6/18/07.

 

Been trying to raise the score and reading all your posts to the wee hours.  Went from 585 (Credit Karma#) in October '11 to 640 in November '11 (auto dealership # where I bought a new car - didn't want to but had to buy as old one had 100K+ miles and needed tranny plus I hit a deer) to 609 (myFico #) on Jan 16th to 626 EQ today.  Signed up for SW and put a 595 goal.  Got my first SW report yesterday and they said nothing happened, so I don't know if I'm doing SW the right way. 

 

Thank you for all the insights.

 

 

 

 

Message 7 of 14
StartingOver10
Moderator Emerita

Re: Can a paid off foreclosure judgment be vacated?

Go onto the public records and see if the judgment shows as paid (satisfaction recorded).

 

Pull your actual reports to see if it is reported on any of the others (go to annualcreditreport.com).

 

There are others on here that have successfully removed a paid judgement notation from the reports - do that if you can.

Keep your documentation showing it was paid (the HUD is great).

Message 8 of 14
cdtotten
Established Contributor

Re: Can a paid off foreclosure judgment be vacated?

I would definitely get it updated if its satisfied. What does the original wamu trade line show for the mortgage?


Starting Score: 627 EQ, 621 TU - 11/15/08
Current Score: 778 EQ, 781 TU, 778 EXP 07/20/12 Lender Pull
Goal Score: 800 EQ & TU


Take the FICO Fitness Challenge
Message 9 of 14
CountryHope219
Established Member

Re: Can a paid off foreclosure judgment be vacated?

Spoke to a Lender today.  He said getting the mortgage satisfaction filed would help.  So I will go to the title company and do that next week.  Also let him pull my credit and scores are 601, 617 and 626.  DTI is 7% and W-2 is 72K.  I am hopeful we can get that 617 up 3 points and he can do the FHA mortgage (his limit is 620).  He also said WF and BOA will do down to 580 which surprised me.  So I may speak to someone in my local WF branch next week also.  Main problem now is getting my current house sold so we have 20% down (know I don't need it for FHA but it certainly couldn't hurt).  Really stinks when you go backward in the process and find the house that the family loves first, then try to get pre-approved and list the current place.  This forum is great btw.

Message 10 of 14
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