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Established Member
mflanny
Posts: 17
Registered: ‎05-09-2012
0

Trying to remove a satisfied judgement and improve mortgage chances...

I have a satisfied judgement on my report for $2,000 from 2008.  It's a collection agency suit from a medical bill I didn't know I had.

 

I disputed it with all CRAs and Trans & Experian deleted, Equifax did not, even after a second dispute.  Will this kill my chances of getting a mortgage?  If I try to continue to dispute and call them with MOV, will that stall my mortgage application?  Also, on the dispute results sheet, this was listed: "ADDITIONAL INFORMATION - Consumer Disputes - Reinvestigation in Process."  Then it listed the address and phone number of the courthouse, but the phone number doesn't work, which makes it difficult to contact the courthouse.  PS: My Equifax credit score is 713, which lines me up for the mortgage I want, but I hear satisfied judgements can kill those chances...

 

Thanks.

Established Contributor
2NE1
Posts: 1,002
Registered: ‎12-06-2011
0

Re: Trying to remove a satisfied judgement and improve mortgage chances...

[ Edited ]

You can get your satisfied jugment removed. Here is what you need to do:

 

You need to go to the courthouse where you were sued and ask the clerk for the paperwork required to file for a motion to vacate/dismiss a judgement. Find out how much the court fees are. Then, get a hold of the plaintiff's attorney (in this case contact the CA) and ask them if they can file the motion for you since you satisfied the debt (was the debt Paid In Full?) if they disagree then offer to pay the fees in exchange.

 

ETA: Once you have a hold of that paperwork, simply mail a copy or fax it to EQ and they should remove it without a problem. Good luck! :smileyhappy:


Starting Score: 486 EQ, 529 TU, 518 EX 12/6/2011 (FICOS - lender pull)
Current Score: 595 EQ SW 1/10/13 628 TU08 1/10/2013 593 EX (BoA HP) 1/5/12
Goal Score: > 620
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Mega Contributor
RobertEG
Posts: 18,503
Registered: ‎03-19-2007
0

Re: Trying to remove a satisfied judgement and improve mortgage chances...

+1

As a preliminary, I would also call the Office of the Clerk of the Court, and inquire as to the normal practice of their court regarding motions to vacate based on satisfaction of a judgment.  Some courts routinely dismiss such motions, and will only vacate based on a showing of actual error in the judgment.

They should give you some useful advice on prior court practice and recommended procedures.

Established Member
mflanny
Posts: 17
Registered: ‎05-09-2012
0

Re: Trying to remove a satisfied judgement and improve mortgage chances...

I spoke to the County Clerk's Office.  They don't do Motions to Vacate based on Satisfaction of Judgement.  Is there another way I can get it removed?  I've read somewhere that if I wasn't served, even if I paid it, that I can motion to dismiss based on not being served.  In this case, how would I prove I wasn't served?  If they served at one address and I was living at another at the time, do I need proof of that second address?

 

Also, are there any other options?  The debt was paid in full to Collins Financial Services on May 30, 2008.

 

Thanks again for all of your help.

Moderator
pizzadude
Posts: 9,674
Registered: ‎01-28-2010
0

Re: Trying to remove a satisfied judgement and improve mortgage chances...


mflanny wrote:

I spoke to the County Clerk's Office.  They don't do Motions to Vacate based on Satisfaction of Judgement.  Is there another way I can get it removed?  I've read somewhere that if I wasn't served, even if I paid it, that I can motion to dismiss based on not being served.  In this case, how would I prove I wasn't served?  If they served at one address and I was living at another at the time, do I need proof of that second address?

 

Also, are there any other options?  The debt was paid in full to Collins Financial Services on May 30, 2008.

 

Thanks again for all of your help.


You ( or your attorney ) could likely file a motion to vacate based on improper service if you were not served properly.     You'll need to pull the records from the court, it should describe how/where you were served.  

 

 

March2010 FICO® ~ 695 TU, 653 EQ, 697 EX
Established Contributor
jcstarkey8826
Posts: 708
Registered: ‎06-01-2012
0

Re: Trying to remove a satisfied judgement and improve mortgage chances...

I too have a satisfied judgement Im trying to get removed. My problem is, in the state the credit card was obtained, AR, they are only required to mail the papers to the address on file. You might want to check your states serving requirements as some require more effort than others. I was living in Michigan at the time they sent those papers and they went to an OLD address. I satisfied the judgement as soon as I found out about it via my CR, I would never wanted to allow that to happen, but now that I live so far away I cant go there to attempt to vacate and am just hoping to dispute it off and GW them to vacate.


No other options really...

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Contributor
irving_magik
Posts: 167
Registered: ‎07-13-2011
0

Re: Trying to remove a satisfied judgement and improve mortgage chances...

To OP,

 

     As far as your question about a mortgage loan, a paid judgement should not affect your chances of getting a loan. If your scores are high enough and you don't have any other outstanding collections you should still be able to get a mortgage.

 

 

     I recently purchased a home with a PR and a couple of paid COs and the bank just wanted proof that these were all paid and settled.

Fico Scores: TU 734 (08/12/2012) and EQ 716 (12/08/2012)

AMEX BCP $10,000 (opened 09/2012) - Citi TYP $6500 (opened 12/2012) Chase Freedom $1500 (opened 09/2012)

GMAC Mortgage $181,000 (opened 07/2011) - Car Loan $18,000 (opended 01/2011)
Established Contributor
gettnthere
Posts: 912
Registered: ‎06-14-2012
0

Re: Trying to remove a satisfied judgement and improve mortgage chances...

ive recently had success in getting a judgment from all 3 CRA"S deleted. i was sued by STATE FARM for $6900 in 2010 and they got their judgement. so i called the Plantiff"s attorney and set up payment plans with them for $200 a month. i just finally got it all paid in march. after paying the full amount i called up the attorney again and asked if there was any way he could help me get this off my credit report since i paid it off. he said he would, so he filed a motion to vacate/Dismiss with the court claiming the debt was satisfied and they had no objections to the dismissal. the judge granted the dismissal and it came off my credit reports within a month. so call the plantiffs attorney and see if he will help you do this too. good luck



Starting Score: EQ 609, EX 633(Fako), TU 700
Current Score: EQ 699, EX 758, TU 733
Goal Score: 720 across the board
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Established Contributor
jcstarkey8826
Posts: 708
Registered: ‎06-01-2012
0

Re: Trying to remove a satisfied judgement and improve mortgage chances...

how did you find out the plaintiffs attorney information. Can I just call the OC and ask? I was never "served" so I dont have that info.

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Established Member
mflanny
Posts: 17
Registered: ‎05-09-2012
0

Re: Trying to remove a satisfied judgement and improve mortgage chances...

I went to the courthouse that has the judgement on file and got a copy of both the original judgement and the satisfaction of judgement.  It cost me 75 cents for the copies.  The documents include the attorney's information--name, address, phone number.  I'll try and Goodwill Call Them.


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