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I filed Chapter7 BK 3/04 discharged 6/04. A judgement was filed by Centex Home Equity 12/03 for $51,964. My house was not forclosed on until 12/05. If I am correct Centex has 6 months to file judgement after forclosure in Pa. It has been a year and I haven't got any thing from court house that they filed. Any suggestions how I can get this off of Credit report or is it legal for them to do this? Also they changed their name to Nationstar and they are reporting . It looks like I have a judgement and a mortgage.

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I filed Chapter7 BK 3/04 discharged 6/04. A judgement was filed by Centex Home Equity 12/03 for $51,964. My house was not forclosed on until 12/05. If I am correct Centex has 6 months to file judgement after forclosure in Pa. It has been a year and I haven't got any thing from court house that they filed. Any suggestions how I can get this off of Credit report or is it legal for them to do this? Also they changed their name to Nationstar and they are reporting . It looks like I have a judgement and a mortgage.

This debt was not listed in your bk, then? Also, Centex can request a judgment-but they can't file one. It's something they must go to court to get, at least that's my understanding. And you were never notified of this? At least not properly. I'd check with the courthouse in question. Get a copy of the complete file so you know what you're working with. I think I'm a bit confused though. The home didn't go into foreclosure until 12/05 and yet they got some judgment against you in 12/03? Or was that the date of first delinquency? Have you tried disputing these reportings?

Elyse

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You are not confused. They have a judgement before the forclosure. On my Transunion credit report I have another judgement from Centex for a different date(9/02) for $42,514 but it isn't there now. I am hoping for advice as how to get this off. Since they missed the 6 month deadline I don't think they can ask for a judgement now. Nationstar (changed from Centex) has me with a mortgage being 90 days late as of 9/05

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OK....when folks here ask you questions we need the answers or we cannot intelligently answer you. DID YOU INCLUDE THIS IN THE BK?

Assuming you had a good lawyer, that was included. (It should have been because of a potential deficiency balance.) The original TL should reflect IIB - debt discharged under BK7.

You then take a copy of your BK discharge. You file a motion to vacate the judgment. In the motion you cite:

TITLE 11 > CHAPTER 5 > SUBCHAPTER II > § 524

§ 524. Effect of discharge

(a) A discharge in a case under this title— (1) voids any judgment at any time obtained, to the extent that such judgment is a determination of the personal liability of the debtor with respect to any debt discharged under section 727, 944, 1141, 1228, or 1328 of this title, whether or not discharge of such debt is waived;

here is the link:

http://www.law.cornell.edu/uscode/html/uscode11/usc_sec_11_00000524----000-.html

In the next paragraph you cite the definition of the word VOIDS:

v. void·ed, void·ing, voids

v. tr.

  1. To take out (the contents of something); empty.
  2. To excrete (body wastes).
  3. To leave; vacate.
  4. To make void or of no validity; invalidate: issued a new passport and voided the old one.

Notice #3.

You file the motion with the original case # and in the original court.

I mailed mine to the court (in Colorado) when I lived in South Carolina. A couple of weeks later I got the motion back with "Granted....(Judges siggie)" written right on the motion.

I mailed it to the CRAs....and poof! Judgment deleted.

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