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Help Public Record. Plantiff not answering calls!!

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Anonymous
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Help Public Record. Plantiff not answering calls!!

We recently applied for a mortgage and were pre-approved with no problems. Our closing date is June 26th. The lending company now notified me a about a Public record on DW's EQ report that I disputed back in April with TU. This was successfully removed from TU due to mistaken identity for an eviction. Now for some reason the same Public Record shows up on her EQ report 1-2 days before the lender pulled our credit. We called the Local County Clerk House for more information on the Plantiff and they were able to provide us with a contact name and number given the Docket Number on her EQ credit report. It turns out that the Plantiff is not answering or returning our calls at all. We did a search on the name and number but it comes back as a residence here in TX. We were not properly served and did not recieve any letters about appearing in court.
 
Since we are not getting any calls back from the plantiff to see if they can dismiss the Judgement at the courthouse I need to figure out what is the fastest way to provide the lender with some solid documentation from the court house.
 
Can anyone help?
 
Thanks
 
 
 
Message 1 of 5
4 REPLIES 4
Anonymous
Not applicable

Re: Help Public Record. Plantiff not answering calls!!



@Anonymous wrote:
We recently applied for a mortgage and were pre-approved with no problems. Our closing date is June 26th. The lending company now notified me a about a Public record on DW's EQ report that I disputed back in April with TU. This was successfully removed from TU due to mistaken identity for an eviction. Now for some reason the same Public Record shows up on her EQ report 1-2 days before the lender pulled our credit. We called the Local County Clerk House for more information on the Plantiff and they were able to provide us with a contact name and number given the Docket Number on her EQ credit report. It turns out that the Plantiff is not answering or returning our calls at all. We did a search on the name and number but it comes back as a residence here in TX. We were not properly served and did not recieve any letters about appearing in court.
Since we are not getting any calls back from the plantiff to see if they can dismiss the Judgement at the courthouse I need to figure out what is the fastest way to provide the lender with some solid documentation from the court house.
Can anyone help?
Thanks





IS this your debt?

As to being properly served, what is your state? If you were not properly served (regardless of whether the debt is actually yours) you can have the judgment vacated. HOWEVER, if it IS your debt, having the judgment vacated means the plaintiff can sue you again at a later time.

If it is NOT your debt, dispute it with EQ ... you should be able to use as nominal proof (perhaps, no guarantee) old addresses (meaning, "proof" that you never lived in the property "you" were evicted from as you were living somewhere else), and/or utility bills for an address at the time of "eviction."

I really don't know (perhaps someone else here, would) who you would really dispute this with -- the CRAs or the court. I would try both. But FIRST, if the debt IS yours , look into proper serving procedure ... that could very well answer your problem in the shortest time.
Message 2 of 5
Anonymous
Not applicable

Re: Help Public Record. Plantiff not answering calls!!

Thanks for your reply. The debt is not hers. She never lived in this address where the eviction took place. We already did disputed it with EQ but it will take 30-45 days before they can remove it from thier system.  Closeing Date is less than 3 weeks. Not enough time to wait. EQ also has her DOB wrong in thier system. The DOB is associated with this Judgement. 
 
Even though it is removed, the lender still needs documents from the court stating that it was removed since they pulled her with that judgment on there.
 
Is it possible to just show up in the courts and simply just vacate it if we show proof that this is not hers (name is wrong\dob\proof of never living in that address) in one day? That way we can meet our closing date with some sort of documentation from the courts to give the lender.
 
THanks
G

@Anonymous wrote:


@Anonymous wrote:
We recently applied for a mortgage and were pre-approved with no problems. Our closing date is June 26th. The lending company now notified me a about a Public record on DW's EQ report that I disputed back in April with TU. This was successfully removed from TU due to mistaken identity for an eviction. Now for some reason the same Public Record shows up on her EQ report 1-2 days before the lender pulled our credit. We called the Local County Clerk House for more information on the Plantiff and they were able to provide us with a contact name and number given the Docket Number on her EQ credit report. It turns out that the Plantiff is not answering or returning our calls at all. We did a search on the name and number but it comes back as a residence here in TX. We were not properly served and did not recieve any letters about appearing in court.
Since we are not getting any calls back from the plantiff to see if they can dismiss the Judgement at the courthouse I need to figure out what is the fastest way to provide the lender with some solid documentation from the court house.
Can anyone help?
Thanks





IS this your debt?

As to being properly served, what is your state? If you were not properly served (regardless of whether the debt is actually yours) you can have the judgment vacated. HOWEVER, if it IS your debt, having the judgment vacated means the plaintiff can sue you again at a later time.

If it is NOT your debt, dispute it with EQ ... you should be able to use as nominal proof (perhaps, no guarantee) old addresses (meaning, "proof" that you never lived in the property "you" were evicted from as you were living somewhere else), and/or utility bills for an address at the time of "eviction."

I really don't know (perhaps someone else here, would) who you would really dispute this with -- the CRAs or the court. I would try both. But FIRST, if the debt IS yours , look into proper serving procedure ... that could very well answer your problem in the shortest time.


Message 3 of 5
Anonymous
Not applicable

Re: Help Public Record. Plantiff not answering calls!!

Most mortgage lenders will do what's called a "Rapid Re-score" (you may have to pay for this -- it can cost around $200). Gather as much documentation, including the successful deletion off the other CRA, and give it to the underwriter/broker. If the documentation is good enough (ask for what WOULD be good enough -- they'll tell you -- remember, they are selling you a mortgage and WANT your business) it should pass muster via Rapid/R.

As for getting it vacated, much like disputing, it will take time ... you'd need to file a motion and have a hearing or court date. That would be whether it's on the basis of improper serving or inaccurate defendant (your wife).

Personally, I would ask the broker what to do ... perhaps even ask at the mortgage forum (ask for DallsLoanGuy or Shane -- they're brokers in RL, AFAIK, and can tell you what it would take to make the lender happy).

I really don't think that a wrong DOB would, in and of itself, vacate the judgment simply because a LOT of people give wrong DOBs -- and often, CRAs have wrong info on that, too. It's just not a reliable identifier, if you ask me. Smiley Sad

Really ... ask at the mortgage forum (perhaps a mod might be kind enough to move this thread?) and ask for Dallas or Shane. NewWorldMan would be awesome in this situation, too!!

Wishing you oodles of luck!!!
Message 4 of 5
Anonymous
Not applicable

Re: Help Public Record. Plantiff not answering calls!!

Very help info.  THanks for the advice.  I'll get with the our Lender and see what they can do to help. Im sure it'll go through as long as we give them some sort of stuff showing that it was removed. THe Debt is not hers therefore the judgment is not hers. This should be easy if the lender is actually willing to help which I know he will.
 
Thanks

Wonderin wrote:
Most mortgage lenders will do what's called a "Rapid Re-score" (you may have to pay for this -- it can cost around $200). Gather as much documentation, including the successful deletion off the other CRA, and give it to the underwriter/broker. If the documentation is good enough (ask for what WOULD be good enough -- they'll tell you -- remember, they are selling you a mortgage and WANT your business) it should pass muster via Rapid/R.

As for getting it vacated, much like disputing, it will take time ... you'd need to file a motion and have a hearing or court date. That would be whether it's on the basis of improper serving or inaccurate defendant (your wife).

Personally, I would ask the broker what to do ... perhaps even ask at the mortgage forum (ask for DallsLoanGuy or Shane -- they're brokers in RL, AFAIK, and can tell you what it would take to make the lender happy).

I really don't think that a wrong DOB would, in and of itself, vacate the judgment simply because a LOT of people give wrong DOBs -- and often, CRAs have wrong info on that, too. It's just not a reliable identifier, if you ask me. Smiley Sad

Really ... ask at the mortgage forum (perhaps a mod might be kind enough to move this thread?) and ask for Dallas or Shane. NewWorldMan would be awesome in this situation, too!!

Wishing you oodles of luck!!!


Message 5 of 5
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