underwriter wants a release of judgment!

jon31 · ‎08-20-2012

Hello,

We are in the final stages of being approved for an FHA loan, however, today our loan officer called us requesting we get a release of judgment on a debt that we thought was paid 6 weeks prior for a garnishment. now, they are saying we are short 116, even though I have proof of payment to the courts. I have no problem paying just to clear closing, but does anyone know how long it will take to get a release. Our closing is set for this Monday August 27! i am supposed to go to the courthouse tomorrow and pay it and have the attorney put in a release. He has still not responded to my emails and no we are a week away from closing and still nedd documentation. Can I get a release the same day or does it take a few days to clear,. i can;t believe the closing of our house is in the opposing attorneys hands! Thanks in advance

Jazzzy · ‎08-20-2012

Is there a possibility that you could hand over cash in exchange for a signature on the written release at the attorney's office? We have released judgments before as they have handed us the cash. Have your attorney make out the release and have them sign it when you pay. (We're landlords, and that's when we ultimately get the unpaid rent....when our former non-rent-paying tenants try to buy a house.).

Also...you thought you had paid the entire amount. Did you take into consideration the court costs and interest? Those are fees paid by the defendant that people often don't think about.

Good luck.

StartingOver10 · ‎08-21-2012

^^^ Exactly.

Once you get the release, also called a Satisfaction, make sure it is recorded in the public records. You should be able to do it right at your county clerks office on the same day. Then send a copy to your lender.

jon31 · ‎08-21-2012

Thank you! The problem is I cannot get a hold of the lawyer. For all i know he is on vacation. Is he the only one that can release it?

jon31 · ‎08-21-2012

I'm not sure aso because he keeps changing amounts and told us the interest is all thats due then he never released it now we owe more interest. It's not fair to the everyday consumer that doesn't know these things. The lawyer has been pretty shady through this whole process. I thought this was taken care of, but we just keep owing him more money.