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Unpaid Judgment in a Different County

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Unpaid Judgment in a Different County

My husband and I have an unpaid civil judgment in a different county from the one we plan on purchasing a home in. We would like to apply for a mortgage within the next 30 days, but fear this judgment may pop up on a title search. The judgment is from 2013 and never appeared on our credit reports. This was a default judgement as a result of an eviction. The amount is $10,000. I have heard that the title search is only done in the county that the home is being purchased/ sold in. Is this true?
Message 1 of 11
10 REPLIES 10
Community Leader
Senior Contributor

Re: Unpaid Judgment in a Different County


@dream29 wrote:
My husband and I have an unpaid civil judgment in a different county from the one we plan on purchasing a home in. We would like to apply for a mortgage within the next 30 days, but fear this judgment may pop up on a title search. The judgment is from 2013 and never appeared on our credit reports. This was a default judgement as a result of an eviction. The amount is $10,000. I have heard that the title search is only done in the county that the home is being purchased/ sold in. Is this true?

One reason the judgement may not be showing on credit reports is because in 2017 judgements and liens that did not have three criterias met (full name, full address, SSN or DOB) had to be removed from CRs. 

 

However, a mortgage lender can still find out. LexisNexis offers a RiskView Liens & Judgments Report, which was created specifically to fill in the tax lien and judgment information for lenders that can't be found in credit reports. So, when you apply for a mortgage, the mortgage lender will pull your credit from the big three credit bureaus and could also pull the LexisNexis report and make a decision based on the combined information.

 

I would place odds that the mortgage lender would find this judgement. And not to burst your bubble, but things like judgements, liens, collections always seem to pop up at the most inopportune time--when you apply for a loan to buy a home. 

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Message 2 of 11
Established Contributor

Re: Unpaid Judgment in a Different County

And then there is a declaration where you are asked if there are any unpaid judgments against you.   

 

How do you plan to answer that?

 

 

__________________________________________________

Licensed NC Mortgage Loan Originator
Message 3 of 11
Frequent Contributor

Re: Unpaid Judgment in a Different County

The application I just filled out asked if there were any judgments not appearing on my credit report. I have one so even though it is paid, I had to say yes. I think there's almost no way this won't pop up.

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Message 4 of 11
Valued Contributor

Re: Unpaid Judgment in a Different County


@dream29 wrote:
My husband and I have an unpaid civil judgment in a different county from the one we plan on purchasing a home in. We would like to apply for a mortgage within the next 30 days, but fear this judgment may pop up on a title search. The judgment is from 2013 and never appeared on our credit reports. This was a default judgement as a result of an eviction. The amount is $10,000. I have heard that the title search is only done in the county that the home is being purchased/ sold in. Is this true?

Hi Dream29,

I would check the statute of limitations for your state. It can range from 3 to 20 years+ so I think that will kind of determine what you end up doing. If you're lucky enough to live in a state like Oklahoma, the SOL may only be 3-5 years so you may not need to worry about it.

On the other hand, if you live in a state like Iowa, the judgment lasts for 20 years.

VA Mortgage Expert. Mortgage Banker lending in All 50 States.
VA, FHA, USDA. Jumbo, Conventional.
CAIVRS Expert.
Message 5 of 11
Community Leader
Senior Contributor

Re: Unpaid Judgment in a Different County


@VALoanMaster wrote:

@dream29 wrote:
My husband and I have an unpaid civil judgment in a different county from the one we plan on purchasing a home in. We would like to apply for a mortgage within the next 30 days, but fear this judgment may pop up on a title search. The judgment is from 2013 and never appeared on our credit reports. This was a default judgement as a result of an eviction. The amount is $10,000. I have heard that the title search is only done in the county that the home is being purchased/ sold in. Is this true?

Hi Dream29,

I would check the statute of limitations for your state. It can range from 3 to 20 years+ so I think that will kind of determine what you end up doing. If you're lucky enough to live in a state like Oklahoma, the SOL may only be 3-5 years so you may not need to worry about it.

On the other hand, if you live in a state like Iowa, the judgment lasts for 20 years.


Also, since everything is online nowadays, you can pull up that County's court website for civil matters and see if you and/or hubby are listed.

GOALS: Garden til APR 2020 and 800 Club


SEP 2019: EX 791, TU 797, EQ 800
JUN 2019: EX 788, TU 794, EQ 779
DEC 2018: EX 777, TU 783, EQ 799

|| AmX Cash Magnet $25K || NFCU CashRewards $20K || Macy's $20K || Discover IT $18.7K || NFCU CLOC $15K || NFCU Platinum $12.5K || AmX ED $11.5K || CitiCostco $7K || CitiDC $6.3K ||
Message 6 of 11
Member

Re: Unpaid Judgment in a Different County

I live in the state of Florida where the SOL is 20 years for a judgment. I’m wondering if I should just settle the judgment with my former landlord, or if I should just leave it as is. If the judgment is in another county, would it even show up during a title search? Also, would reaching out to my former landlord to attempt to settle this debt cause negative results when applying for a mortgage?
Message 7 of 11
Valued Contributor

Re: Unpaid Judgment in a Different County


@dream29 wrote:
I live in the state of Florida where the SOL is 20 years for a judgment. I’m wondering if I should just settle the judgment with my former landlord, or if I should just leave it as is. If the judgment is in another county, would it even show up during a title search? Also, would reaching out to my former landlord to attempt to settle this debt cause negative results when applying for a mortgage?

I am pretty sure it will show up so you may as well address it so you can move on with your life. Even if the judgment doesn't show up, you still have to answer a question on the application about open judgments. 

I would try & settle it.

No, reaching out to the landlord to settle the debt won't cause any negative results when applying for a mortgage.

VA Mortgage Expert. Mortgage Banker lending in All 50 States.
VA, FHA, USDA. Jumbo, Conventional.
CAIVRS Expert.
Message 8 of 11
Member

Re: Unpaid Judgment in a Different County

Thank you. I was afraid that my former landlord’s attorney would try to review my checking/ Savings accounts and discover the money that we saved for a down payment. We would like to settle for much less than we owe. I was also afraid that the judgement would “restart,” or end up on my credit report.
Message 9 of 11
Established Contributor

Re: Unpaid Judgment in a Different County


@dream29 wrote:
Thank you. I was afraid that my former landlord’s attorney would try to review my checking/ Savings accounts and discover the money that we saved for a down payment. We would like to settle for much less than we owe. I was also afraid that the judgement would “restart,” or end up on my credit report.

How would they have access to your bank accounts?

 

 

 

 

 

__________________________________________________

Licensed NC Mortgage Loan Originator
Message 10 of 11
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