Hi guys,
After meeting with the attorney today, we did find a hiccup that we forgot about. Several years ago, my husband went through a plan with the local consumer credit counseling place to help reduce his debt. In this plan, they included the second mortgage payment. Long story short, the 2nd mortgage company, Beneficial, ended up filing a lawsuit against my husband. Full payments were never received.
We met with a local attorney about the law suit. My husband took his advice and signed a consent judgement entry when he went to court. It has been handled through the collection agency every since and monthly payments are always made on time. The balance remaining is around $7,500. We really couldn't remember during the consult today and dug up the original paperwork.
Can a consent judgement be vacated through a bankruptcy? Or can we just continue to pay as we have been? Since the lawyer didn't know the exact details, she really couldn't advise us on this. I guess if we go through a Chapter 13, the lien could not be stripped? Also, it was a foreclosure process when this occurred. Any advice would be appreciated!
After meeting with the attorney today, we did find a hiccup that we forgot about. Several years ago, my husband went through a plan with the local consumer credit counseling place to help reduce his debt. In this plan, they included the second mortgage payment. Long story short, the 2nd mortgage company, Beneficial, ended up filing a lawsuit against my husband. Full payments were never received.
We met with a local attorney about the law suit. My husband took his advice and signed a consent judgement entry when he went to court. It has been handled through the collection agency every since and monthly payments are always made on time. The balance remaining is around $7,500. We really couldn't remember during the consult today and dug up the original paperwork.
Can a consent judgement be vacated through a bankruptcy? Or can we just continue to pay as we have been? Since the lawyer didn't know the exact details, she really couldn't advise us on this. I guess if we go through a Chapter 13, the lien could not be stripped? Also, it was a foreclosure process when this occurred. Any advice would be appreciated!