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hot in az

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Everything posted by hot in az

  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???
  16. Well all is not ok. The title company insists that Midland has to remove the judgement lien. Called Mr Skiba to see if he can help. Wondering if I should attempt to call Midland and tell them that judgement was reversed on appeal. Any thoughts???? First to Goody. Yes. the second appeal was lost. However what is showing up on the docket is the first judgement from 2013 that was reversed on appeal. They never filed another judgement from the one lost in 2015. And the amount shown is the amt from civil court judgement that was reversed. The one lost was much higher with interest fees etc To Harry, YES UGGGGG, Will try to wait for skiba to get some clarification. Or some help from someone maybe has been through a similar event
  17. Well all is not ok. The title company insists that Midland has to remove the judgement lien. Called Mr Skiba to see if he can help. Wondering if I should attempt to call Midland and tell them that judgement was reversed on appeal. Any thoughts????
  18. Hi Harry, It was included and I sent them the appeal reversing that decision so I guess it should be ok. Hope all is well with you. I read a lot of your help to others. Good Work!! I told my husband I miss being on here and he gave me the are you crazy look. I said it was a comeraderie . A bunch and sometimes hundreds a day looking for help. For me it was a special time. It was nice to know people would go out of their way to help others. I hoped I helped some as well.
  19. Geez its been so long I forgot in this new format how to reply. Hi Shellie!!! Yes this was the judgment from the case I stupidly lost. However on appeal I won a reversal. So hoping the title company (who has all the court docs) will see in my favor. Because this case was included in the BK if they dont see it my way for me to ever refi my house will I still have to pay Midland (barf) to make it go away?? And if so, do you think they may negotiate? Yes Shellie in BK they never collected the monies held Over 4K and that was returned to me. The trustee said that never happens. So I got lucky there. Glad to see you all again .
  20. Hi Harry and Goody. Thanks for chiming in. I know what happened now. The judgement was issued in 2013 and that is the appeal I won. When I lost (stupidly) the remanded case they never filed the judgement because I filed BK. So I just have to convinced the title co. that they should have removed the judgement as is was reversed. In lieu of that not working , my thought is to offer Midland a cash settlement to remove it. Any thoughts?? And Goody spot on for thinking that they saw judgement and it was for me . I've been trolling here for awhile and you seem to have it under control!!!!!
  21. I have an issue that happened today. I am in the process of refinancing my house to a fixed rate . After all the paperwork it goes to the title co, I found out from my lender Midland has a judgement. This seems unlikely as Goody was at my trial where it was dismissed . The day of the trial is when it shows the judgement was filed by I guess the law student??/ Also this does not show up on my credit report. I have reestablished my credit. So what gives with this judgement?? Any thoughts??
  22. Harry, You are exactly right. I came in the beergoggle era and there were strict warnings against arb. Also NAF was gone and my agreement did not have JAMS> And people on the forum were saying that the aaa arbitrators were pro creditor friendly. I debated on that for awhile but my main fear was if I lost in arb there was no appeal. But you are so right , if I were to do it again I would choose arb!! But that is knowing what we know now. Then , there were not too many trailblazers.. Also by the way, I am not fond of this new forum, but I guess I don't like change..
  23. Hi all. I have one final update in my crazy Midland journey. I almost did not post but something Harry said in helping another az person, was that Midland 's right hand does not know what the left is doing. Also I thought you all might get a chuckle from the post. My last post was that I filed a BK7 because I lost my 2nd appeal. But more so that Chase cancelled the debt on my Heloc. That meant a probable 1099c and a huge tax implication. I had one vehicle and an atv that were not exempt and I had to bid on them at the trustee auction. I won the bid and had to pay the trustee 1/2 of what I would have had to pay Midland to keep my stuff. So I was ticked they would get something from me after all. But lo and behold, after the 90 day waiting period, they did not claim the funds. They then had 20 days from the motion to abandon funds to still have a hearing and claim them. They did not , and the funds have been returned to me. Also got a check from Midland for 250.00 for ????. The stipulation (Goody was there) was if they wanted to bring suit against me again they had to pay the filing fee. Also , never received a 1099 from Chase. They may have a couple years to send one? So there you have it . The final chapter of the saga of hot and piano lady. Ironically, John Skiba has been winning some cases for people now. He said Your case came a little too late for the new ruling. That's my luck, OR is it.?? I know that every one in Justice court knew me. And I won my case in Superior court , so I like to think that perserverence might have helped change things!!! Good luck to everyone still fighting . Be strong!! Pam
  24. Is your sister's first (mortgage) and second Heloc from the same bank?? This makes a huge difference in what will happen here.
  25. Hi, It's hard for us to come in to the case in the middle. If you can answer the questions in the last of the Pinned section. Or else post their discovery questions and your answers. Did you send them Request for Admissions? Not familiar with Louisiana law so hopefully someone will chime in for you.
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