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Judgement

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MOMO30
Regular Contributor

Judgement

Today I went to the county clerk and I found I owe 2 judgements
For an old apartment from 2006
The clerk gave me the amounts and the lawyer to contact
So I did just that and I was told the account they have has been canceled
And they have no information about a judgement
I then contacted the management company who told me
The building was sold in 2008 and they have no records from 2006

I contacted my lawyer who don't know what to do she advised me to file
A order to vacate. I'm under contract and I know that takes time
I am at a lost as to what to do I'm in BK NY if anybody can help I would appreciate it
Message 1 of 13
12 REPLIES 12
txbradybunch
Valued Member

Re: Judgement

(1) talk to your loan officer..... they should be able to advise you.  Was satisfaction/release of the judgments a condition of close?  I am no expert, but given what you have learned this appears to be something ripe for filing a motion to vacate the judgment - it doesn't sound like anyone will fight your action.

 

Good luck! 

Message 2 of 13
MOMO30
Regular Contributor

Re: Judgement

Thanks It has not been an condition I just don't want any issues my loan officer hasn't said much
Message 3 of 13
basballguy
Frequent Contributor

Re: Judgement

The title company will probably have an issue with it (maybe).  In addition to clearing the property they can and many times will do a records check against the buyer.  An open judgment can allow for someone to put a lien on the property.

 

What kind of loan are you doing?  FHA and USDA have judgment requirements that must be met...VA might too.


Message 4 of 13
ESA2012
New Contributor

Re: Judgement

we had a judgment show up during the title process and we had to get it cleared. the company had to send a release of judgement to the courts, then we had to get a certified copy of the release and file it at our court house then take that to the title company. it was a hassle but its what needed to be done. good luck

Message 5 of 13
MOMO30
Regular Contributor

Re: Judgement

The problem is no one can seem to tell me who owns the judgement the lawyer on file said Its been cancelled when the building was sold in 2008 now I have to find out who brought the building and if they now own the judgement
Message 6 of 13
ESA2012
New Contributor

Re: Judgement

print out the copy that they have, take it to that company who you might think that owns it.

when we had the judgement out, not even the county had a record of it, well they were not looking deep enough, my husband had to show them a physical copy of the judgement the title company found.

hopefully they overlook it if they cant verify who it is from and get a release

 

Message 7 of 13
MOMO30
Regular Contributor

Re: Judgement

I don't have a copy of the judgement I have a print out from the clerk at the courts
Message 8 of 13
ESA2012
New Contributor

Re: Judgement

hopefully it is not an issue but the title company did want our judgments cleared before transferring the title to us. we are going FHA route

Message 9 of 13
MOMO30
Regular Contributor

Re: Judgement

I'm also going FHA I just spoke with my LO who said that we can have the title company hold the money in escrow
Until the 1 I find out who owns the judgement 2 get the judgement vacated
Message 10 of 13
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