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Judgment balance has increased...Out of time!


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Help!

I have a situation that requires your expertise and hopefully a prompt response.  I may be screwed but I have set up an (ex parte) with a Ventura County Sup Court judge for this Friday @ 8a.

 

When the judge's secretary called me back to set up my appt. she said I needed to file ex-parte paperwork by tomorrow (8/1/13  by 12p)

 

I don't know what ex-parte paperwork to file.

 

Backstory:
We are in a lender-approved Short Sale of our house.

Close of escrow is 8/5/13. (Simi Valley, CA) 

Our house is set to go up for auction on Oct. 4th.

We are staying in the house. 

We will receive zero $ at closing. 

Buyer/Investor is doing a rent-back for us :-)

Midland Funding has a judgment AND lien against me and our house for $6,468.

 

Breakdown of charges per judgment:

$4462 - Damages

$818 - Prejudgment interest at the annual rate of 10%

$942 - Attorney Fees

$242 - Costs

 

Short story:

There was "enough" money in escrow to cover the sale amount of the house minus costs (commission, title, $6468 judgment, taxes, etc).  Well at the last minute (today!!!), the Midland people tell escrow, the balance of our judment is now $8,152!!!  A $1,684 increase. 

 

I do not have the money to cover the escrow deficit. 

Realtor doesn't want to give up a portion of their commission to cover deficit. 

Buyer will not increase his offer to cover the deficit.

 

 

I understand Midland (per California code/law) can increase the balance of a judgment as long as they have filed with the court a document called a “Memorandum of Costs after Judgment, Acknowledgement of Credit, and Declaration of Accrued Interest,” in which it outlines the costs it has incurred in its efforts to enforce the judgment, the interest accrued, and the amount it has received in payments to reduce the judgment balance.

 

Midland has not filed a Memorandum of Costs (et al) with the Ventura County Superior Court.

 

Do I have any chance to get this $1,684 increase forgiven/waived/delayed by the judge on Friday? 

 

Ex-Parte Paperwork that needs to be filed?

 

Any guidance would be greatly appreciated.  I enjoyed reading Kobayashi's successful journey (and CAlawyer) in battling his JDB.

 

Best,

 

Verbal Kint

 

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