despritfreya

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despritfreya last won the day on February 20

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About despritfreya

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  1. "Legally required" - not sure what that means. If you don't tell the truth are you committing a crime? That depends upon the circumstances. For example, it is a Federal crime to lie on a mortgage application. See 18 U.S.C. § 1014. If you lie, and such lie does not rise to the level of a crime, but the other party relied upon your failure to tell the truth (your misrepresentation) then maybe you committed a civil fraud against that individual and can be sued by that individual. Bottom line - always tell the truth. If the question asks "have you filed bankruptcy wit
  2. You have not mentioned how much money is "a little money set aside". Are we talking a few hundred or several thousand? Regardless, you really need to go back to your attny and ask him/her what it should be spent on. Just remember to keep receipts. Des.
  3. Pam, I am very pleased to read the good news and I am glad that we were able to help you in some way. Des.
  4. Not sure where I saw "Tucson". Maybe I am confusing Pam with someone on another forum with the exact same issue. Since this is not an uncommon problem that is probably what happened. Regardless, the case does not help Pam's situation. Des.
  5. Pam, The Castleton decision, which cites Judge Haines from his Rand decision is exactly what I have been saying. Unfortunately Castleton does little to assist you since you are not selling the home. In addition, the decision is out of Division 1 and, while it comports with the majority, is technically not binding on Division 2 where you are. You have a lender who simply will not lend if that judgment is not released. As @Harry Seaward has indicated, you can’t force the lender. Read Castleton again. Please note the reference to quiet title actions and recovery of legal fees
  6. Pam, 1. It is not rare for Midland (a junk debt buyer) to place a lien against someone’s real property and 2) the word “lien” is not determinative as to what is or is not recorded. Under Arizona law. . . A. Any creditor who obtains a judgment in any amount has the right to record that judgment with the County Recorder. Midland routinely records its judgments (been there-done that). B. A recorded judgment IS a lien against all real property with the exception of the homestead residence unless the homestead residence has more than $150k in equity after consideration of a
  7. Pam, I applaud you for taking the initiative in contacting Midland directly and hopefully you will reach someone with half a brain and get the matter resolved. Barring that happening, the next step might be to have your bk attny contact Midland’s attny. Who was the attny for Midland back in 2013? That attorney may not represent Midland now. Midland, in one of my current cases, used the following attorney for its State Court judgment: JOHNSON MARK. LLC 1601 N. 7th Street, Suite 250 Phoenix, AZ 85006 Rhett Flaming-Buschman (SBN 031501) Jonathan D. Anderson (SBN 03
  8. Since the problem is the title company and not the lender, have the lender move the escrow to First American Title. Assuming you have less than $150k in equity the judgment lien DOES NOT attach to your residence. It is unlikely that FAT will hold up the closing due to the recording of the lien if your equity is within the Arizona homestead exemption. Do you have more than $150k in equity? Next. . . Was the judgment entered/recorded before or after August, 2013? If it was entered/recorded before August, 2013 and was not timely renewed it died after 5 years, If it was recorded after Au
  9. Pam, You are refinancing your current residence so, is it the title company or the lender that is giving you a hassle? Des.
  10. Not enough info. Please answer the following: 1. When you say the judgment was reversed what do you mean? Did the AZ Court of Appeals completely throw the case out or remand it back to the Superior Court for further determination? 2. If the judgment was completely thrown out why do you think your bk discharge has any bearing? 3. What are you attempting to do, buy a home or sell the one you live in? 4. Is the property you are trying to buy or sell in Arizona? 5. If selling, is the property your only residence? 6. If buying, will this property be your only r
  11. If, after completing the means test you have excess disposable monthly income you generally do not qualify for a Chapter 7. If you file a Chapter 7 you could be forced out of it by either a dismissal or a stipulation to convert to a Chapter 13. If you do a Chapter 13 you are stuck in a 60 month Plan. A lot goes into determining what your Plan payment will, in the end, be. Form 122C (means test) which states as your “disposable monthly income”, what could be paid to the general unsecured creditors through the Plan, is not necessarily the issue. The means test is a backward looking analy
  12. You must disclose the transfer if it occurred within the 2 years prior to filing. The Trustee will have the right to recover the funds from your daughter. The Trustee, before he contacts your daughter, will most likely give you the opportunity to protect her by entering into a settlement to pay the bk estate the amount (or a portion thereof) of the transfer. As to the comment about emailing a potential attorney as a point of first contact . . . I agree - just don't. Get on the phone, set an appointment and meet with the attny. I don't understand the reluctance to TALK. Relying on e
  13. Actually, 10 years is correct. A CRA may choose to remove the information sooner but it does not have to. Fair Credit Reporting Act: § 605. Requirements relating to information contained in consumer reports [15 U.S.C. § 1681c] (a) Information excluded from consumer reports. Except as authorized under subsection (b) of this section, no consumer reporting agency may make any consumer report containing any of the following items of information: (1) Cases under title 11 [United States Code] or under the Bankruptcy Act that, from the date of entry of the order for relief or the date of adjudi
  14. The form is not asking how you file taxes. Part one of the form is asking if you are married and whether or not you are filing a joint petition. Since you will be filing without your spouse you mark "Married and spouse NOT filing jointly". You then mark "Living in same household and not legally separated". Then follow the instructions and fill out both columns A and B to calculate monthly income (which is the gross income for the 6 full months prior to the month you file divided by 6). Des.