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Will vacate order if I sign release.


Amusedmom
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I was unaware of a default judgement until I applied for a mortgage.  This issue came up and I immediately contacted collection agency. They could not give any info. After two weeks of back and forth, disputing debt, and contacting the court, the debt collector agreed to vacate the judgement if I sign a release of liability. I won't be able to close by my close date but seller is willing to extend until this matter is settled. Can they refuse to issue vacate if I refuse to sign release of liability? If they are slow filing vacate to court and I sign release, would I have any grounds to sue? I want this settled so I can get my house but I don't want to do something that I won't have any recourse if they drag their feet. 

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Why would they want you to sign a release of liability unless they think they did something  illegal for which you could sue them?   I would consult a consumer lawyer before signing a release of liability.   They may well have violated state and/or federal law.  Go to www.consumeradvocates.org and consult with several.  A consultation is free.    Greg Reichenbach is a fine OH consumer lawyer  I know from a listserv I belong to.  You can google his website.

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6 hours ago, debtzapper said:

Why would they want you to sign a release of liability unless they think they did something  illegal for which you could sue them?   I would consult a consumer lawyer before signing a release of liability.   They may well have violated state and/or federal law.  Go to www.consumeradvocates.org and consult with several.  A consultation is free.    Greg Reichenbach is a fine OH consumer lawyer  I know from a listserv I belong to.  You can google his website.

I agree. Something  wrong here. Debt collector gets a judgment against you and agrees to vacate if you promise not to sue them?  That makes no sense at all unless collector knows they've done something wrong. Definitely look into this if you have time. Here's the thing though; a few bucks from a collection violation may not be worth blowing the house closing. You have to weigh your options. In any event, as @fisthardcheese suggested, time is of the essence here, if you sign a release make if effective upon vacating by a date certain.

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