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hot in az

Midland judgement is wrong

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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??

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You need to take a look at the court case yourself and find out what happened. It could be that the lawyer slipped something past the judge. I was just talking to a lawyer about that here in Minnesota and she told me that has happened quite a bit where the court order says something totally different from what the judge said at court and it has caught her off guard a few times.

If they did issue a judgement and you have proof that it was in error, you will need to file a motion to have the judgement stayed or vacated and hope you can prove that the judge signed the wrong order.

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You need to search the county records. That's where the title company looks for judgments. In my case, the judgment had the wrong address, no SSN and wrong spelling of my spouse's name and no birthdate. We signed an affidavit disavowing knowledge of the debt and that was enough to satisfy the lender. YMMV.

https://recorder.maricopa.gov/recdocdata/

Edit: you had two cases going at the same time, as I recall. Are you sure this isn't the one you lost from Justice Court? 

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Hey - long time, no hear. 

Didn't you have another case with Midland, concurrent to that one, that went south? Did that one get settled? If it's the same date as your trial, then it sounds like court messed up. That goofy kid lawyer didn't seem clever enough, although he did start harassing you in the hall, afterwards...

 

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Hey Pam, long time no see.  Let us know what you found out. 

From your last posts on the subject, didn't Midland get half of what they said you owed, but didn't pick up the funds? Then they were returned to you? I'd be fighting that. :)

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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!!!!!

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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 .   

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I guarantee you title guy is seeing the JC judgment on the recorders website. Since you filed BK after that judgment, should be pretty easy to show title guy the judgment was included in bankruptcy.

If this wasn't included in BK, there's got to be a way to go to court to get an erroneous judgment removed. 

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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.

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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????

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2 hours ago, hot in az said:

The title company insists that Midland has to remove the judgement lien.

Ugh. Did you show title guy the BK paperwork showing it was IIB?

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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

 

 

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