topic Re: Judgement Removal from Public Records??? in Rebuilding Your Credit

Judgement Removal from Public Records???

Anonymous — Wed, 25 Jun 2014 02:43:25 GMT

Is it possible to get a judgement removed from Public Records after it has passed the time to be renewed? It's not showing on my CR, however it is showing up on a housing check.

Re: Judgement Removal from Public Records???

d170 — Wed, 25 Jun 2014 04:26:47 GMT

What's a housing check?

Re: Judgement Removal from Public Records???

AirlinerDudeB6 — Wed, 25 Jun 2014 08:38:55 GMT

I think what the OP is referring to is that the judgment is being found upon manual review during a mortgage application. I may be wrong though...

In any case, just because the public record is not reporting on your credit report (7-10 years from date of entry), it does not mean that the SOL in that particular state to collect on it has expired. In addition, if the Plaintiff renews the judgment, it remains a public record and can still be collected.

I would first start with finding out what the SOL to collect is in your state, and go from there.

Re: Judgement Removal from Public Records???

Anonymous — Wed, 25 Jun 2014 14:01:03 GMT

We just went through this and are about to close on our refinance. (YAY!) You can still get a mortgage, but the judgment has to be paid. Mine had been paid since 2010, but the attorneys office hadn't filed a satisfaction of judgment with the court, so I had to contact the attorney to get it filed. I also had them email a copy of the SOJ to me and I just had to give it to our underwriter. It wasn't a huge deal, just annoying.

Re: Judgement Removal from Public Records???

Anonymous — Fri, 27 Jun 2014 19:54:50 GMT

SOrry for the delay in response....busy at work this time of year! I'm applying for an apartment and my credit was ran and its showing that as per EX I have a judgment. It's in TN, the SOL has passed which is 10 years and its not on my EX CR, however I was told it's showing up through a 3rd party. How can I get this removed? I have contacted the court and have spoken to the clerk who advised me to request a "10 Year Letter." I've done this and have it. I called EX and they told me it wasn't on my report, however it is showing up when a credit check is being done.

Re: Judgement Removal from Public Records???

Anonymous — Fri, 05 Dec 2014 20:11:39 GMT

Bump for responses...I'm still stuck!

Re: Judgement Removal from Public Records???

RobertEG — Fri, 05 Dec 2014 23:00:10 GMT

Send the CRA a copy of your current credit report that shows it is, in fact, reporting.

If more than 7 years has expired from the date of the judgment and the SOL on the judgment has also expired, request its immediate exclusion from your credit report per FCRA 605(a)(2).

Re: Judgement Removal from Public Records???

Anonymous — Sat, 06 Dec 2014 00:31:30 GMT

@RobertEG That's the problem...it's not on any of my credit reports. However it's showing up when the Broker runs the credit report. I've called EX and they even told me it's not on there.

Re: Judgement Removal from Public Records???

Anonymous — Sat, 06 Dec 2014 04:44:18 GMT

This is a clear example of items although past the exclusionary period can still pop up their ugly heads. The judgment is a public record and any 3rd party can access it and report back to your lender. Is the original creditor still around?

Re: Judgement Removal from Public Records???

Anonymous — Sat, 06 Dec 2014 06:04:11 GMT

@romocita....I'm not sure. When I called the apartment complex I was told that management company doesn't own the complex any longer

Re: Judgement Removal from Public Records???

Anonymous — Sat, 06 Dec 2014 13:11:24 GMT

If paying this is a condition of your lender you may want to try to contact the attorney on record for the plaintiff to see if you can offer a settlement. Then that attorney can file a release of satisfaction and you can move forward with your mortgage.

Re: Judgement Removal from Public Records???

StartingOver10 — Sat, 06 Dec 2014 17:36:33 GMT

I assume from the info in your post that there were damages to the property (either real or not) that the landlord sued for and received a judgment OR you were evicted and the landlord sued and obtained a judgment.

This is why the apartment complex is interested in the Satisfaction of the Judgment. It shows past behavior. Granted it was a long time ago so that is good for you in your negotations with the judgment holder. You do not want to mention that it is standing in the way of you renting a place as they will hold your feet to the fire and not negotiate at all. You can negotiate it and have the current judgment holder record a Satisfaction in the county where you live.

Before you negotiate it, see if there is any way you can void the Judgement through the court system. You will need to look up your state's statues or contact a consumer attorney that knows what he is doing to see what options you have available to you in Tenn.

Re: Judgement Removal from Public Records???

Anonymous — Sun, 07 Dec 2014 02:50:14 GMT

Thanks @StartingOver10...I'll try that route.