@Klaws1000 wrote:Good evening everyone!
I've been a long time member but haven't posted much in the past few years. I'm hoping you can help me.
Yesterday I was preapproved for a conventional mortgage. Today, while at work I ran myself thru public records - just to see what was there (I used Westlaw). There are some public records I am well aware of - and should be there - but I WAS surprised by what I found.
- FOR KICKS - In 1999 the State of Pennsylvania erroneously listed me as a non custodial parent who wasn't paying child support (i/t/a of $21K). I quickly clicked on the link and it was noted it was a clerical error - Whew! In 1999, it was my ex who fled to PA to evade paying child support - I WAS the one who started the court proceedings to track him down in PA! I have always been the custodial parent! So glad it was a mistake!! I would have been furious!!! I made a copy of this and put it in my "house" folder in case this issue comes up.
- THE REAL ISSUE - I have a default judgment filed against me for $265.00 - filed in late August 2001 - from a former apartment complex filed by the JP Court in Delaware. I had NO idea this existed. I married in June of 2001 and moved out of the apartment shortly thereafter. In our state of DE - judgments are valid for 20 years, however after 5 years, the plaintiff must petition the Court to renew the judgment. The apartment complex is under a completely different management company now. I ran a search on their registered agent and there is simply no one.
Should I ignore it? Up to you Should I file a Motion to get this judgment vacated? If you were never properly served I might file such motion
Is this a valid "outstanding" judgment? At this point the judgment is not valid, the plaintiff would have to file for scire facias to get it revived. I would suggest you check into the procedural rules of this and see if you would have to be served with such a motion....
Should I admit it on the mortgage application when I apply for the actual mortgage? Well if it specifically asks if you have any judgments be sure to look at the time period they are requesting, I would only reveal it if its within the period they are asking for.
The house I live in was deeded to me, but I will be putting it on the market on June 1st. With this new discovery, I'm afraid of blowing the settlement between the buyer and this house and the house I eventually buy in MD when it comes to the title search! If they didnt place a lien on the property they cant now until they go through the process of scire facias.and if the people who instigated the original judgment are gone odds are there is no problem, you can run a lien search on the property at the county recorders office.
I appreciate any help you can give me!
