hot in az

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hot in az last won the day on June 19 2015

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  1. Well Great News, My lender just called and said that title was able to remove the judgment with the appeal papers. Not sure if Midland had anything to do with it.. I will ask her when we go in to sign final papers. What a huge relief. Thank you to all for your help and advice and good wishes!! Harry and Des especially. Pam
  2. I finally got thru to Midland in the BK dept. She gave me a case number and an e-mail to forward the appeal to her. My lender sent everything over. They will have their legal look it over and determine if they will remove the judgment. If so, they will send a letter of progression to the lender and title company, and remove the judgment within 45 days. My lender also sent the unredacted appeal decision to the title company. They asked for this. Also, there is talk of paying off Midland out of the closing if all else fails. That would really mess with my mind after all the years of fighting them. So now we wait and see how it plays out. At least I have more hope than yesterday. Pam
  3. I have not heard back yet from the lender and I still need to get thru to Midland to see if they will remove it because of the BK. Frustrating waiting to hear.
  4. Hi again, Just heard back from Mr. Skiba. He says "If you have less than 150k in equity any lien they allege would have no value. The title company would be required to pay off the first mortgage, the second (if any) , give you up to 150,000 for your homestead and then the balance would go to them. However due to a recent court of appeals decision, I do not believe there is even a lien on the home, even if they recorded it." The decision is: Pac.W.Bank v. Castleton, No. 1 CA-CV 17-0667 (ARIZ.Ct.App. Dec 27. 2018)" I forwarded this to my lender with any inquiry as to if the title company had sent a copy of the recorded judgment? So I will update when I hear from her. Pam
  5. Thanks Des, In your opinion is it wasted time to keep trying to reach Midland. And how do I get this judgment released?? And my lender did say this was the title companies issue, not theirs. I am in Phx, Bursey who was Midlands atty is in Tucson. Also in the the loan contract it says the lender,(my credit union) will not service the loan. So if they are made aware of the homestead exemption maybe that will help? Pam
  6. Thank you That makes a lot of sense. Not how to proceed with the bank though. Des said to have them move escrow to the title co, however they told her they already sent this to legal and it would not pass.
  7. Des . I believe ironically that the atty for then Jerrold Kapman who I won my case against in superior court was R. Flaming-Buschman. I think it was one of his first trials . I think I had more court time than he did. Kinda felt sorry for him. Glad he kept with it. So are you talking about a Pay to delete? I thought that had to be under a specific amt. I wish I could see what the title company sees as a property lien. I cannot see Midland in 2013 with so many cases ever attaching that to property. Also in BK they never came after assets awarded them. Thanks for you help!! Pam
  8. Bursey and Associates were the atty firm. Not sure if they are still there. Were in Tucson, Az The BK discharge is 4 months shy of 4 years. I know because if I wait until Sept to refinance my rate would be 1/2 point lower as their conformity loan is 4 years after BK. I got a direct number to Midlands BK specialist and left a message to call me. I will try again 2 morrow. Have not heard from my former atty . Will try one more time there as well. Pam
  9. OK, Called Midland. Transferred 3 times. They finally were trying to transfer me to the BK dept, On hold 20 minutes he came back to say they were busy , could I call back tomorrow. Classic Midland
  10. No questions are dumb. And no I haven't. Just google their number and give them the case number. And then say what" Why don't you just remove this judgment?
  11. I havent heard from him yet. I e-mailed on Friday offering to pay him to try and get the judgment removed. I'm kind of stuck until I hear from an atty on what to do. Just when you think you are done with Midland Right???
  12. Hi Des, I have just less than 150 in equity. The judgement was signed Oct 2013 and recorded Dec 12, 2013. The banker told me that the title company said it was a lien attached to the property and had to be removed. Thats all I know. The appraisal has been done and paid for and the loan rate locked in 2 weeks ago, so this is the final hold-up. Pam
  13. The title company. The lender is my bank. My current mortgage company cannot refinanced as they no longer do business in AZ. The title company took all of my paperwork and told the bank that the underwriter saw this lien by Midland. The original judgement that was entered in 2013. I sent them the appeal reversal showing it reversed, as Midland never entered a judgement in 2015.
  14. HI, Sorry who cares. Misread your post. Hi Des, Thanks for your response. 1. It was reversed and remanded. Back to civil court, where the trial was much later and I lost, but they never filed a new judgement because of the new appeal. Forward to the next year and I lost the appeal and immediately filed BK. 2. Don't really know 3.Refi my existing residence from an ARM to a fixed rate 4. Primary residence in AZ 5. Not selling 6.NA 7. National Title Thanks, Pam
  15. Hi , I have a similar situation to Who Cares. I did own a house when the judgement was entered. But I appealed and the judgement was reversed. They never removed the judgment and it was included in my BK. I showed the title company the paperwork on the appeal , but they insist my atty or Midland removed the lien. Have not heard from the atty except to say on the docket the judgement was included. How should I proceed to get Midland to remove it. Will showing them the appeal reversal be enough???