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hiitsjenna

Unsatisfied Judgement NOT on Credit Report

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Hi,

 

So I have a quick question - my husband and I are currently in the underwriting stage of our first VA mortgage loan with a local bank. We have been preapproved however, I am beginning to get worried. My credit report lists a collection account with LVNV Funding which was for a credit card past the SOL. It was initially listed on all three and in dispute status; I contacted all three credit bureaus to remove this remark and the account has completely dropped off both TU and EX but stayed on EQ with the dispute remark removed.

 

Recently, I found a boatload of documents pertaining to this account at my parents house (which I was looking for in case my loan officer requested anything - so far, she has told me NOT to pay this account). In these documents was a copy of a "Default Judgement" for this account. Now, I was young back then and freely admit my mistakes and my complete disregard for my responsibilities however, I did not remember anything about a judgement until now.

 

My issue is that this judgement is NOT showing in the Public Records section of my credit report - it shows as a collection account, which my loan officer and I have already discussed. I searched the Massachusetts Appellate Court records online (I'm not even sure if this is the correct place to search) and nothing came up for me under my maiden name.

 

What should I do? Should I inform my loan officer of this or should I wait it out since it is not showing on my credit report? Will this suddenly appear and cause my loan to be denied? The amount is for $4,000 which I could potentially pay but not until after closing as all of our savings are currently tied up in escrow. I have worked for years to fix my credit and this would be the last negative from my past and I would love to have it taken care of and not have to worry but I don't want to do anything that may affect our loan right now.

 

Any help/input would be greatly appreciated as I'm starting to lose sleep!

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How old is this ?

 

when did the account originally default,

 

when was the judgment granted.

 

who was the judgment granted to?

 

what is the court name on the default judgment - municipal, district or superior?

 

and no, the appeals court isn't the place to search.

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1) The account was opened in 2006

2) Originally defaulted in 2006

3) Judgement was granted in 2009

4) Judgement was granted to collection agency Richard Boudreau & Associates for LVNV Funding

5) Chelsea District Court

 

Thanks for your response - I just paid a ridiculous amount of money to search for public records online and nothing came up..

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when in 2009?

 

Mass court rules changed in October 2009

 

http://creditboards.com/forums/index.php?showtopic=18130&do=findComment&comment=3912205

 

 

I'm surprised that you haven't been contacted by resurgent or a lawyer seeking payment on the judgment.

 

 

not sure of theterms of Mortgages these days - they may have a section where you are required to disclose any judgments.

 

go to the court house and get copies of the records.

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It happened in June. I haven't been contacted by anyone regarding this account which was why my LO told me NOT to contact them at all. She mentioned if it became a condition, we would fix it then.

 

I just re-read my loan application and yes, it does have a section where you are required to disclose. I don't recall ever having been asked this question and the application was mostly typed by my LO and she indicated "No" for that question - we did everything through the mail. We have already signed everything and returned, and have been in underwriting since Tuesday.

 

If this does show up, I'm certain they will make me satisfy it, which is fine but I don't want to be accused of fraud.. I'm almost thinking I call her tomorrow and tell her what I found to see what she thinks I should do. I just don't understand why it would not show on my CR? I couldn't find anything in the MA law that stated they shouldn't?

 

Also, the lawyer for this LVNV works in New Hampshire - from what I gathered, he must be licensed to collect in MA, correct?

 

Thanks for all your help!

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no JDB"s or lawyers don't have to be lic'd in MA.

 

however, they both fall under federal law- the FDPCA

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i just closed a loan Friday for a guy who had a judgment NOT on his credit report.

 

but he still had to satisfy it because it was found by the title company.

 

you have to tell the loan officer....

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I know this thread is a few months old but I hope someone can help.

 

We are in Texas and my dad is in the process of refinancing. The title company found and old judgement from 2009 that my dad paid off last year. The title company wants a signed release from the other party (which my dad has) so they can file it with the county. The problem is the judgement fell off his credit reports a few years ago and I am afraid that if the release is filed with the county it will get picked up and put on his credit reports (even though it may say released). His reports are clean now and I am worried having a released judgement will tank his scores. If the title company files the release with the county will it probably get picked up by the credit bureaus? Thanks for any help.

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I just found out that I have 2 default judgements from 2001. I hope these don't cause problems next year when we go to buy a house. They are not on my reports and they were never reaffirmed after the 5 years so they are now expired. Hopefully that means I don't have to pay them.

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We just closed a home equity loan on Tuesday. They found an old judgment on from 2003. I had to settle it and since I still could not get a satisfaction of judgment, we signed an affidavit that I would not leave this and finish the process. We hired a lawyer to work this out. Just and FYI, I never told the JDB that we were doing anything about a home, as it's none of their business.

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We just closed a home equity loan on Tuesday. They found an old judgment on from 2003. I had to settle it and since I still could not get a satisfaction of judgment, we signed an affidavit that I would not leave this and finish the process. We hired a lawyer to work this out. Just and FYI, I never told the JDB that we were doing anything about a home, as it's none of their business.

Can I ask what state are you in and was it a judgement that could still be collected on?

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We just closed a home equity loan on Tuesday. They found an old judgment on from 2003. I had to settle it and since I still could not get a satisfaction of judgment, we signed an affidavit that I would not leave this and finish the process. We hired a lawyer to work this out. Just and FYI, I never told the JDB that we were doing anything about a home, as it's none of their business.

Can I ask what state are you in and was it a judgement that could still be collected on?

We are in New York. Judgment stay active for 20 years.

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ahh that sucks. Hopefully my situation is different because the unpaid ones that I have are 12 years old and in PA they have to be re affirmed after 5 years and as far as I know, they werent.

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