Judgements and Liens?

[momof3b1g]

We had a credit card co put a judgement on me. Before we filed bk. We included it in the bk. 2 years later we are finding out that they changed their name and refiled the judgement. WTH!? How can the file another judgement on the same account.

Its not even showing on my credit report after 2 years. There is one, but its the original one. Why wouldn't both being showing on my credit report? To my knowledge have never received any paperwork about having a lien on our house.
Our lawyer is in court today, waiting to hear back.
We are trying to refinance and cannot until this is cleared up. Any advice?

[IamOld]

They can't - JDB probably playing games to extort money from you. Hopefully your lawyer will take them to the woodshed!!! Some atty's will even sue them for FCRA violation, the bk violation, you name it.

[momof3b1g]

Ok from what I can figure they did not change their name and refile the judgement. Its the same judgement. But they have Midland Funding LLC on the judgement. But we (or the lawyer) put Midland Funding and Midland Credit Management on the bk papers. So it looks like it is not the same. But it is. My attorney told them it should be a problem. But the title co is saying. NO it has to be taken care of. Hoping my attorney can fix it, easily. He better call today or I am going to go crazy.

[IamOld]

momof3 - the problem is the title co is not "imaginative' nor - frankly - too bright - they won't do it until this is removed, unless perhaps your lawyer has a "strong" chat with them...

[momof3b1g]

My lawyer isnt much help. They said the judgement was put on after we filed bk. So the actual judgement was not included in the bk. At least that is what i am thinking they are trying to tell me. He is having is secretary talk to us.

We filed bk On March 20, 2009 they filed the judgement on March 17th, 2009. We did not get the papers until the following week.

[IamOld]

You would need to have the judgment vacated...others can/will chime in on this, but your lawyer needs to help...

[momof3b1g]

They told us they can get rid of it for $200! Nice but sucks that it wasnt considered included in BK.

[IamOld]

I think it would have been included in your BK - just the fact that the JDB changed the "name" doesn't matter, else your atty wouldn't be able to get rid of it for $200 - which in the great scheme of things may be worth it!!!!!!

[ValleYum]

My lawyer isnt much help. They said the judgement was put on after we filed bk. So the actual judgement was not included in the bk. At least that is what i am thinking they are trying to tell me. He is having is secretary talk to us.

We filed bk On March 20, 2009 they filed the judgement on March 17th, 2009. We did not get the papers until the following week.

Isn't 3 days before filing considered a pre-petition judgment date? Or am I crazy?

[LadyInTheRed]

They told us they can get rid of it for $200! Nice but sucks that it wasnt considered included in BK.

The debt was included in the BK, but getting a judgement vacated is usually not included in attorney fees for BKs. $200 is a reasonable fee.

[momof3b1g]

I have been reading on the site. I guess the amount is discharged but the judgement is still there.

NOW my question is finding out if it is a lien judgement. I read it is attaches to any assest. So does that make it a lien?
I have to get rid of it before selling our house, or in our case refinance the mortgage.
Will vacating the judgement get rid of it, get it unattached to the house?

[notforsale]

I have two liens on our home that we had no clue were there. I only found them because I checked our home in the deeds office for our county and that's when I found them. They are nothing other that the default judgement being recorded to our property records but that creates a "cloud" on the title unless removed.

We included both debts in the bk filing but have to pay another $300 to our atty to have them vacated.

That is why so many on here say not to allow the debt to go into a default judgement because once it does Midland and other creditors will attach it to your home or land!!!

Good luck and consider the $200 to be another cost to start over fresh!