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Wells Fargo deficiency judgment error

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Anonymous
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Wells Fargo deficiency judgment error

Hello, this is my first post here although I have been reading others' and it has been very helpful in getting ready to purchase a home. 

 

My original closing date was November 30. A few weeks ago the closing attorney contacted me and said that during the title search a judgment against me was found. It was for a foreclosure/mortgage deficiency of over $20k for a home my ex husband had financed and defaulted on in 2008. I had never been made aware of the judgment and therefore did not attend the hearing about it as I was never served. I called Wells Fargo and they said that they could not discuss it with me because MY NAME WAS NOT ON THE NOTE. So I notified the attorney of this. He contacted Wells Fargo's attorneys who ADMITTED THEY WERE WRONG to put my name on this judgment. I was told they had to file the motion to vacate with the court and once the judged signed this and the court recorded it that the whole thing would go away.

 

My questions are as follows:

1. How long does this process take? Are there any steps I can take to expidite? My closing has been moved twice due to this paperwork not being done. Currently the closing is literally planned for next Friday which is the last day of my purchase contract.

2. Do I have a case against Wells Fargo if this deal falls through? Or simply for the additional expenses I have incurred due to the delays (missing work, extra rent, general hassle, etc.)

 

I am posting here wondering if anyone else has had this experience. I live in South Carolina if that helps.

 

Thank you!

Message 1 of 3
2 REPLIES 2
StartingOver10
Moderator Emerita

Re: Wells Fargo deficiency judgment error

These are legal questions that need to be answed by your attorney. 

Message 2 of 3
Anonymous
Not applicable

Re: Wells Fargo deficiency judgment error

Thanks for responding -- I did ask my attorney as well, I am simply curious if anyone has been through anything similar and what they did or what the result was?

Message 3 of 3
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