05-09-2013 06:22 PM
05-09-2013 06:44 PM
Judgements are public records, correct? Even though its not showing on your CRA report the lender can still find it. Does your mortgage application ask if you have had any judgements?
05-09-2013 06:44 PM - edited 05-09-2013 06:45 PM
Do you still have a judgement againt you?
Just because it's gone from your credit report does not mean it's gone.
I know when I filled out the mortgage application I had to check off a box saying that I did not have any outstanding judgements.
05-09-2013 07:09 PM
As the others posted, the judgment is public record and the lender can find it easily even if it isn't on your credit report.
The mortgage application does ask if you have outstanding judgments so you would have to declare it anyway or it is mortgage fraud.
The best thing to do now is pay the judgment and get a satisfaction recorded in the public records. You aren't going to be able to close on an FHA loan with an outstanding judgment. You might even be able to have the judgment officially vacated once it is satisfied, some of the jurisdictions will allow that.
05-09-2013 07:16 PM
05-09-2013 08:54 PM
That seems like a huge mess and way too much trouble than it would be worth compared to the current lender calling the creditor and checking. Something doesn't add up, they wouldnt look by just name, they would ask for an address or SSN or something else to confirm if it's you or someone else with the same name. Are you SURE the judgment is not against you? Seems it would be a lot more worthwhile to just get that cleared up than going through the whole hassle of applying with someone else.
05-10-2013 06:52 AM
Having a judgment that is not yours but appears to be yours is a common event, especially if you have a common name or relatives with the same name.
Both the lender and the attorney or title company handle this routinely by having you sign an affidavit that the judgment is not yours (called a "same name" affidavit).
If it isn't yours, then the prior poster is correct, it is easier to just fix it with your current lender. After all, even if you go to a new lender and it isn't on your report the public records will show a judgment in your name and the new lender and new title company will pick it up. So you will have to clarify with the new lender and new title company that the judgment isn't yours.
It isn't the fact that it started on your credit report. The public records are checked anyway so it pops up whether its on your cr report or not.