Here's a new one

[looksbothways]

I have a judgment against me entered in January 2003. It was originally held by Wolpoff & Abramson, which of course later became Mann Bracken.

Since I'm buying a house, I've been attempting to pay off this judgment as required by my lender. I can't get them to take my money. It's the craziest thing I've ever seen. When I first called I got transferred three times and finally I got bounced to one of their subsidiaries where I was told that my account was in their inactive file and they would have to "make it active". They said it would take two weeks to find out whether I could pay them directly or whether it was being held by a different collector. As of today, three days before my scheduled closing date, they still have no information on my file.

I can't close on my house until I prove I paid this. Despite me having the money, and being in daily contact trying to give it to them, they won't take it! I don't know what to do from here. I know there's nothing any of you can do, or even anything I can do at this point, I'm just frustrated and disheartened.

[OMGWhatHaveIdone]

Just a thought here, but maybe you could go to your lender's office and make the call from there. Put the call on speaker phone so the lender can see the effort you are trying to make. Perhaps that will get them to see that you've been trying but since you have been unsuccessful, they may just go ahead and let you close on the house anyway.

Just a thought.

[Robert Nashville/Savannah]

Have you spoken to your attorney?

I would think it would be possible to satisfy your lender if you placed the judgment amount in escrow, either with your attorney and/or real estate agent, which would be used to pay the judgment should the idiots every get their act together. It would seem to me that it should satisfy both parties...after all, the lender only wants to know that their new customer isn't going to get torpedoed by some judgment hanging out there and/or cloud the title.

Of course, I'm used to to a time when lenders used real human beings and common sense to make loans so that may not be enough in today's world but

[looksbothways]

I already asked about holding the amount in escrow and the lender said no. The only concession they will make is that I can bring my proof of payment to the closing table. I'm going through a mortgage broker, and she's been wonderful about trying to come up with ways the lender might let me have the money but not have it paid, but the actual lender isn't budging on this one.

This is the only things between me and my house. Everything else is ready for close. I'm so stressed. I just keep calling these people every day and being told they don't have my file back, yet. I just have to keep my fingers crossed that it won't push the close into March.

[Robert Nashville/Savannah]

I already asked about holding the amount in escrow and the lender said no. The only concession they will make is that I can bring my proof of payment to the closing table. I'm going through a mortgage broker, and she's been wonderful about trying to come up with ways the lender might let me have the money but not have it paid, but the actual lender isn't budging on this one.

This is the only things between me and my house. Everything else is ready for close. I'm so stressed. I just keep calling these people every day and being told they don't have my file back, yet. I just have to keep my fingers crossed that it won't push the close into March.

Sounds to me as if you have the makings of a decent lawsuit for damages this idiot judgment holder has caused you.

I would advise you retain a good real estate attorney and I would do so even if you didn't have a problem like this - it always amazes me how many people make what is usually the single biggest financial decision of their life and sign dozens of documents without an attorney in their court...but I digress.

Beyond that, you either get a new lender or you'll just have to wait and buy later; possibly with cash from your winnings against this idiot company.

[looksbothways]

I called and talked with the local courthouse where the judgment was issued. She said there is nothing that can be done, and they can withhold accepting payment as long as they want and I can't force them to take payment. That doesn't seem right or legal to me. They can just keep building up interest as long as they want, refusing to let me pay, and then, someday, swoop in and make me pay it?

I have no other options for financing. The lender is saying it has nothing to do with them. It's an FHA requirement, that FHA won't insure the loan with an outstanding judgment. I am about to just give up. I've worked my butt off the past four years, since I left my ex husband, trying to get into a position to buy a house, including owning up to my past mistakes and making them right, and now I find it's impossible all because of some judgment holder that wants to make life difficult for me. Sometimes it feels like life is stacked against me.

[Robert Nashville/Savannah]

While I would agree that there is nothing for the court to do here, that does not mean that a judgment holder can just sit on a judgment, letting interest accumulate and causing you financial damage whether it be through their malice or ineptitude.

I would call an attorney to discuss your options...I would suggest that even if you don't want to sue, a well-worded letter from an attorney sent to these idiots may just get their attention in a way you never will.

[astiman]

This really DOES have the stench of litigation about it....

You most likely can sue them for damages.....see a lawyer ASAP!

[looksbothways]

Ok, I have made some headway. I've been dealing consistently with the same woman at this subsidiary law firm. She has been very polite but firm on her stance that there is nothing I can do to expedite anything. Well, yesterday when I called I got to chatting with her on a personal level. Once I took it outside the context of business and just chatted with her for a bit person to person, I got her to see that I was earnest in my desire to get this paid and done with, and I wasn't "just another debtor" I was a mom and a fellow buckeye (they're located in Cleveland). She finally told me that they had been trying to recall it from their outside collector, namely Palisades, and that I could call Palisades and see if they would work with me.

Once I figured that out, I called Palisades directly and was able to get them to fax me a letter stating the total amount I owed to "pay this account in full".

Then, in direct opposition to every bit of advice here, I gave them a check by phone. Yes, I know the risks, but I have the paper they faxed me and the woman I gave my info to made a point of saying "Just to confirm, your name is XX XX and you are authorizing a one time payment in the amount of $XXXX.XX from your checking account XXXX." which was nicely recorded on my work line I used for the call. I may end up with more of a draft than I agreed to, but at least I have evidence of our agreement.

My broker thinks the lender will accept the letter stating how much I owe, and the bank proof of debit as proof of payment. Palisades says I can call back in seven days and get a proof of payment letter (though I've heard they tend to drag their heels on that sort of thing). The lawfirm says I need to fax them that proof of payment letter so they can get the judgment marked as satisfied, but the woman I've been dealing with also said that they can accept the letter from Palisades and my proof of payment from my bank if Palisades doesn't cooperate in sending me the letter.

I am still not confident that this is going to work out, since my agreement letter is from Palisades and the suing party on my judgment is Platinum Financial (represented by Wolpoff & Abramson). I think it all depends on whether the lender understands that Wolpoff & Abramson, Mann Bracken, Platinum Financial, Great Seneca (also listed on the agreement letter), Jacovich Block & Rathbone, and Palisades are all the same company at their root.

I just feel so beaten up at this point that I'm having a difficult time being hopeful, but all I can do is ride it out and see how it plays. At least this judgment is paid now, so if the seller walks away before I can close on this house I will be able to move on to another one knowing that I have no further credit roadblocks.

[Denita]

Make sure you get an original satisfaction so you can record the satisfaction of the judgement or the judgment will continue to appear. (Sometimes this costs extra to record the satisfaction)

[Flyingifr]

Let's see.... They have a Judgment against you, you are trying to Satisfy it, they are refusing your payment and the Clerk of the Court says they can do this and continue to charge you interest on the judgment until they decide to accept your money - at the mean time by this course of action they are causing you real damages.....

And you haven't filed a Motion to Vacate Judgment yet? And how about a complaint to the Bar Association Ethics Committee - on two grounds - intentional magnification of damages to you and bad faith towards the attorney's client? After all, the creditor hired the attorney to collect the debt, not get a judgment and refuse payment....

Play your cards right and the attorney may be buying your home for you.

[Robert Nashville/Savannah]

...

There is nothing a JDB likes more than a debtor with house fever.

I hope you get your house (potentially you've paid a high price for the opportunity to buy it) and that this all works out for you but in my experience, Palisades is among the worst of the worst.

I seldom advocate litigation but I think you missed a golden opportunity to both help yourself and other people...the scum JDBs/CAs continue to be scum because they know that by and large, they can get away with it...taking them to task when the situation calls for it is one way to help turn the tide.

I'm not trying to beat you up here but you know what, there are houses for sale everywhere and even in a down economy like this, new ones are being built every day.

By the way whether they take only what you owe them or not, I'd close your account the second after they take their payment as it will never be safe again.

[looksbothways]

Sorry, but I have neither the legal expertise nor the finances to go on a JDB witch hunt. Even assuming I had the desire and finances to hire a lawyer, I don't think it would be as easy as you think considering this was a six year old judgment that I could have stepped in and paid at any time. They could simply claim that the length of time from judgment being issued to me trying to pay it resulted in their records being difficult to access. In total it was a three and a half week delay from the first time I contacted them until yesterday. I don't think they will have too much difficulty finding a judge to agree that three and a half weeks is a not extraordinarily unreasonable amount of time to find records on a six year old account.

This was not some time barred debt that Palisades bought and was trying to collect on. This was a legitimately obtained judgment, albeit six years old, and it was money I legitimately owed to start with. It sucks that I was dumb enough six years ago to let W&A obtain a default judgment, and it sucks that I have to give this network of junk debt buyers money, but sometimes that's just what has to be done. As for the checking account, I have given that same checking account number to three different CA's and have not had a single one take a penny more than was authorized (I was paying them all in full, no payment arrangements). I'm not saying it can't happen, and I'm not saying it won't happen, but I'm not going to shut down my finances in anticipation.

Both my contact at the law firm, and the three people I dealt with at Palisades were polite and as helpful as they could be within the constraints of their system. The only rude person I dealt with was at my local courthouse.

[Robert Nashville/Savannah]

Okay…while this is going to sound like I’m beating up on you that is not my intention. But I am going to get on my soapbox a bit here…I apologize in advance for any hurt feelings.

Sorry, but I have neither the legal expertise nor the finances to go on a JDB witch hunt. Even assuming I had the desire and finances to hire a lawyer…

While it is true that legal expertise is needed; that doesn’t mean it has to be you that has it. That’s not to say that you can’t educate yourself and I do understand that not everyone is willing and/or able to do that for various reasons. However, that is what attorneys are for - and if you have a decent case then most attorneys will do it in contingency. Frankly, I think you do have a decent case here; if I didn’t, I’d never recommend you pursue litigation.

I don't think it would be as easy as you think considering this was a six year old judgment that I could have stepped in and paid at any time. They could simply claim that the length of time from judgment being issued to me trying to pay it resulted in their records being difficult to access. In total it was a three and a half week delay from the first time I contacted them until yesterday. I don't think they will have too much difficulty finding a judge to agree that three and a half weeks is a not extraordinarily unreasonable amount of time to find records on a six year old account.

Since you’ve chosen not to seek out an attorney for his/her advice, I guess we’ll never know if this was something worth pursuing or not…so…the JDB wins by default.

As I said, there is nothing a JDB/CA likes better than a debtor with house fever.

This was not some time barred debt that Palisades bought and was trying to collect on. This was a legitimately obtained judgment, albeit six years old, and it was money I legitimately owed to start with. It sucks that I was dumb enough six years ago to let W&A obtain a default judgment, and it sucks that I have to give this network of junk debt buyers money, but sometimes that's just what has to be done.

You would be hard-pressed to find anyone on this board more adamant that people should pay their legitimate debts. At the same time, I’m also adamant that people need to stand up for their rights when they’ve been violated or when real financial harm is being done to a consumer by the stupidity and/or outright intentional misconduct of a third-party. Maybe you had a case here and maybe not; again, we’ll never know.

Yes, sometimes you do have to (and should) pay even a junk debt buyer but nothing had to be done right now except that you decided that you had to have this house from this lender at this one point in time; a.k.a. "house fever".

As for the checking account, I have given that same checking account number to three different CA's and have not had a single one take a penny more than was authorized (I was paying them all in full, no payment arrangements). I'm not saying it can't happen, and I'm not saying it won't happen, but I'm not going to shut down my finances in anticipation.

Sorry, but there is no "polite" way to say this but it is simply beyond stupid to give ANYONE electronic access to your accounts in an adversarial situation. Just because you haven’t bee burned (yet) doesn’t change that and it only has to happen once to override any tiny convenience you’ve had by doing it they way you’ve been doing it.

Obviously, you can take or leave the advice you get here but I can’t help but wonder why people come to boards like this for advice only to ignore it.

Both my contact at the law firm, and the three people I dealt with at Palisades were polite and as helpful as they could be within the constraints of their system. The only rude person I dealt with was at my local courthouse.

So they were polite scum…sorry, I’m not impressed.

[Robert Nashville/Savannah]

Not to belabor the point but I’m going to offer this for he possible benefit of others…If you had already had an attorney representing you in this purchase, I suspect you could have avoided a lot of this mess and you should NEVER buy a home without an attorney representing you.

I know, most people don’t take that step – they think having real estate agent is “just as good” (most never realize that the real estate; even one you go to; actually works for the seller, not the buyer). However, buying a home is usually the biggest financial decision a person makes in their lifetime and the potential for negative consequences when things go wrong can be equally large…not having an attorney representing you is a disaster looking for a place to happen and it only takes once to ruin your financial life for years if not decades.

If you can’t put at least 20% down and have a payment no larger than 25% of your take-home pay (hopefully on a 15 year or less note) and if you don’t have at least 3-6 months of expenses in an emergency fund, than you shouldn’t be buying. That fact that you apparently don’t “…have the finances to hire a lawyer” indicates to me that you are likely missing at least one of the prerequisites I noted above.

Ok…I’m putting my soapbox away now and I really do hope this all works out for you both in the immediate future as well as in the long-term.

[looksbothways]

You make a lot of assumptions about my finances from one statement. While you're right about me not putting 20% down or getting a 15 year note, you're flat wrong on nearly every other aspect.

I have an emergency fund that is sufficient to sustain us through six months of unemployment (longer if only one of us is unemployed). I financed this house on my income alone even though our household income is more than twice what I make, and I bought 30k less than the lender said I could afford. Household net (not gross) income is nearly $4,000 a month after all deductions including 401k contributions, our house payment will be less than $800. I am buying a $90,000 house on a household gross income of well over $65,000. I do not, in any way, feel I am overextending myself financially. In fact, I have taken pains to make sure that I can handle this house all on my own should my boyfriend walk away. That doesn't mean, however, that I have money to throw around on a lawsuit I feel is a pointless use of both my time and the court's. I am frugal, not cash strapped.

My reasons for urgency are all my own, and entirely valid for me. While you may not have made the same choices, that doesn't make me an idiot for making informed risky choices, nor does it mean I put no or limited thought into what I'm doing. Is some of it a mistake? Maybe, but I'm conscious of it. I'm ok with taking risks sometimes, even financial ones, as long as I feel I can handle the potential consequences, which I do in this case.

[Robert Nashville/Savannah]

You make a lot of assumptions about my finances from one statement. While you're right about me not putting 20% down or getting a 15 year note, you're flat wrong on nearly every other aspect.

Oh I don't know; I'd say nailing three out of four is a pretty good batting average.

I assume, even though you don't mention it specifically, that you don't have an attorney representing you in this purchase; by my calculation that means I got three out of four correct so "every other aspect" means I was incorrect only in assuming you didn't have an emergency fund (I'm glad to hear that you do by the way and that certainly puts you ahead of the crowd).

As I said earlier, you can do what you want and you don't need to justify to me or anyone else why you are doing it...your risky choices (and they are risky) may or may not come back to bite you in the a$$; only time will tell. However, even if everything works out well for you now and forever, that does not in anyway invalidate what I've posted above.

...That doesn't mean, however, that I have money to throw around on a lawsuit I feel is a pointless use of both my time and the court's. I am frugal, not cash strapped.

You keep throwing in the "cost" of a lawsuit; ignoring that if you have a good potential lawsuit, it likely wouldn't cost you anything as an attorney would have done it on contingency (and if they weren't willing to do it on contingency then it probably wouldn't have been a good suit and/or not worth the potential reward).

Again, we'll never know since you are in house fever mode.

My reasons for urgency are all my own, and entirely valid for me.

Of course your reasons are "valid" for you; everybody with house fever has valid (for them) reasons.

Enjoy your new house.

Edit...

By the way; buying a house with someone you aren't married to...oh well...I'll just let that one go...good luck...I think you'll need it.

[jdjlocksmith]

ok if they got a jugement on you try to go to court pull the filed and answer the summons say you just found out about say you was nevr served the summons check the file see what they filed see what prove they showed that you owe them money. answer that thier is no statements no letter of sale or assignment no contract that should give you another court date most likely the will drop the case under fedreal rule of eveiance this must be filed to sue. i did this for my brother he had a jugment from 2002 from cohen and slamoatiz and they had the sheriff write him to say that if he don't pay they will come and take propity so i want and filed anwers and sid never got the summons new court date and cohen dismiss the case because he had no paper work to prove it.'

try it might work

[Robert Nashville/Savannah]

ok if they got a jugement on you try to go to court pull the filed and answer the summons say you just found out about say you was nevr served the summons check the file see what they filed see what prove they showed that you owe them money. answer that thier is no statements no letter of sale or assignment no contract that should give you another court date most likely the will drop the case under fedreal rule of eveiance this must be filed to sue. i did this for my brother he had a jugment from 2002 from cohen and slamoatiz and they had the sheriff write him to say that if he don't pay they will come and take propity so i want and filed anwers and sid never got the summons new court date and cohen dismiss the case because he had no paper work to prove it.'

try it might work

Look...I'm not trying to be petty here but oh my God.

Please familiarize yourself with something called a paragraph and a tool called "spell check"...we all make mistakes but every third word above is either misspelled or misused.

Also, did you even bother to read the thread; specifically this portion....

...This was not some time barred debt that Palisades bought and was trying to collect on. This was a legitimately obtained judgment, albeit six years old, and it was money I legitimately owed...

The OP isn't interested in going to court, filing motions or doing anything else that doesn't solve her problem immediately. That aside, you seem to be advocating lying to an officer of the court on a debt the OP is fully aware is her legitimate responsibility and a judgment properly obtained; shortsighted advice at best and perhaps even dangerous IMHO.

[gator944]

Please forgive my ignorance, but can't you settle the judgment through the courthouse. I was of the impression that once a judgment is filed the court serves as the intermediary for the collection. Therefore, can't the OP go to the courthouse where the judgment was filed and awarded, and pay them the reported balance. They should be able to issue a receipt that would be excepted by the lender.

[Robert Nashville/Savannah]

Please forgive my ignorance, but can't you settle the judgment through the courthouse. I was of the impression that once a judgment is filed the court serves as the intermediary for the collection. Therefore, can't the OP go to the courthouse where the judgment was filed and awarded, and pay them the reported balance. They should be able to issue a receipt that would be excepted by the lender.

I'm not at all sure about that...I do believe that once a judgment is issued it's up to the judgment holder to "collect" but whether the court can/would accept payment directly is another matter...your suggestion certainly sounds like a reasonable scenario.

Then again, how/where a judgment can be satisfied and who can be paid might be something that varies depending on that particular court's/state's procedures.