09-09-2012 12:10 PM
I just got a copy of my Checksytems credit report and it shows I had an eviction 59 months ago which was about when my house was foreclosed on. I'm guessing this is the eviction on file. I moved out in Oct 2007 and left my then husband who stayed for a few more weeks in the house. I can not remember how far the foreclosure process was when I moved out.
Is this eviction possible to dispute with Checksystems? Does the eviction ever come off my record?
09-09-2012 02:53 PM
Not very familiar with Checksystmes but I'm sure they too have some dispute system.
09-10-2012 12:12 PM
Forclosure and eviction are two different things.
Usuaually they are thought of one being for owning and one being for renting however eviction is just a process just like forclosure.
Forclosure (as you pretty much know) is the process that the bank (or another debtor that has the right - lein on the property) to take over legal ownership of the house to repay the debt in lieu of a breach in the contract. Forclosure doesn't mean you can't live in the house...just means the bank owns it now - or put it up for sale and someone else owns it.
Eviction is the legal process of getting a judegement to have someone removed from a property in which they are not the legal owners of for either a breach of contract or other things.
Now usually eviction is used for renters who don't pay or break some rules etc. HOWEVER eviction is also used after forclosure if the person refuses to leave the property. A bank will have the sale and either they will own it or someone else will have bought it at the auction. This new owner/bank can then file for an eviction if the previous owners are still living there. They have the legal right to have you evicted since there was no contract for rent and no rent was paid - aka the previous owners are squatters. These rules obviously vary by state but the gist is the same.
Now what probably happened was the forclosure happened. you moved either before or after the sale (doesn't really matter) and when the bank (or whomever bought it at the auction) showed up to change the locks and take possession of the property they found your husband there (and perhaps at the time you were still living there as well). They then would have filed and started the eviction process which is pretty straightforward in these cases and usually the previous owner doesn't have a leg to stand on and a judgement would have been passed without you even knowing most likely.
Do your homework. Find proof of when you moved out - do you have proof with a new lease or something showing a new address? and find out when the forclosure happened - call the bank, they'll tell you or call a records office for your town/county/etc. Then find out when the eviction judgement passed.
You probably won't be able to get it removed from the court system since you obviously didn't show up so thus a deafult judgement would have been made but you could probably get it removed if you disputed it and had proof you were gone prior to the eviction and that it was just your exhusband taht was evicted.
10-25-2012 07:44 AM
One other point I would like to add.
I have a foreclosure that does NOT show up on my CR. In Michigan we use the "Sherriffs sale". This is where the bank goes to the sherriff and asks the sherriff to sell the house to repay the default or back taxes. The Sherriff says "OK" prove this person(s) are in default. Banks shows no payment and Sherriff schedules sale in a month. Bank MUST advertise in local newspaper once per week for four weeks. This is official notice to owners that they either pay up or will lose the property.
At sale, the bank puts a bid for the default amount. They dont want to let it go for less. They have the title. Now in Michigan it takes 6 months or a year (depending on circumstances) before eviciton. After my year was up, they started the eviction process. I called them and did the Cash for Keys. They withdrew the eviction. I got $3000 for leaving early, I have not made a payment since 2007, and there is nothing in the court records that indicates foreclosure.
Freddie Mac knows about the foreclosure so I cant try to hide it on another mortgage application. However my car loan and credit card apps dont know about it and they did not ask either.
My point: Try to get the eviction off your record. In some states, you can go in front of the Judge, and show him that you moved out. Tell him you were in a coma and could not answer the original summons. If you catch a Judge on a good day, they will withdraw the original conviction. Good Luck
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