Removing a lein?

[Anonymous]

While it is true if they only served your wife and you were not served you can attack it on that basis, there’s also a chance they served you by publication. That means they posted it in the legal section of a newspaper for so long according to statute in that state. You may have a lot of ways to attack it or fight it, but yeah it’s not going to be a short process.

I’m very sorry for you. Yeah I assume the title company did find it on their own with a title search in your name.

The question is whether another lender would give you the mortgage with the judgment in place. I’m definitely no expert in mortgages, can’t speak as to whether or not another lender would allow that. Again it does not affect your credit score. But it would not affect the lenders rights as they would have first priority on the property you’re purchasing. The only fear they could have is that you would get sued at at some point, which would affect your ability to repay them potentially. So that may be enough to prevent any lender from doing it, but I don’t know whether it may be worth investigating whether or not another one would.

I’m sorry and wish you the best of luck.

[Anonymous]

Thanks for the info. The lender wanted to see if i had a 1099-C rather than a 1099-A, if i had the C they said it should mean everything is satisfied or whatever. 

[Anonymous]

I doubt its satisfied, but again, it would not affect the lenders rights in having priority on the house you are purchasing.

If it is homesteaded, many states will preclude any liens from attaching. Therefore, if you homesteaded it from the start and kept it that way, this deficiency judgment could never create a judgment lien on the subject property, understand?