Rob
Lv 4
Rob asked in Politics & GovernmentLaw & Ethics · 1 decade ago

Judgment...want to buy a house....HELP!?

2 years ago some asshole that we were renting from filled for a judgment of 15,000 for supposed damages and unpaid rent...its all bull. Anyway, we never received a notice to appear in court, (this all happened in middlesex county,nj) and now i have a judgment on my credit report. We want to buy a house, and got pre approval but because of the judgment, and unless we come up with 15,000 at closing, we cant get the house. Anyone know a way around this?

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  • 1 decade ago
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    It sounds like your former landlord received a "default judgment" against you. To do that, the landlord would file a "proof of service" claiming that you were served with notice of the lawsuit. Once that is done and the time for you to answer the complaint has expired, the landlord only has to explain the amount that he is suing for and the judge issues the judgment.

    In most states, you can bring a motion to "set aside" the judgment because of "excusable neglect" or mistake. In some states, if you can prove that you did not personally receive notice of the lawsuit, you might be able to have the judgment set aside.

    But the time for making these types of motions is very strict. Two years is a long time for you to be unaware of a judgment that so severely affects your credit. The court might find that it is too late for you to bring your motion.

    Even if you do file a motion, these things take time. Meanwhile, you might lose your loan commitment, especially now when there is a real freeze on new credit.

    Zip's advise is good. Contact the old landlord and see if you can negotiate a discounted payoff to release the lien.

  • Honey
    Lv 7
    1 decade ago

    Contact the court and check to see if there is proof on file that you were served with the notice. If not, apply to the court to have the default judgment set aside.

    If proof of service is on file, you were served (perhaps you have forgotten). Now your only realistic alternative is to contact the person holding the judgment and try to negotiate a settlement. Ideally you should have a professional mediator negotiate the settlement which will likely be for a sum significantly less than the judgment and possibly on payment terms.

    From the wording of your question I suspect that you do not have the temperament to conduct a negotiation of this sort on your own behalf. Do retain a professional mediator. I'm sure he or she will save you far more than their fee and will obtain better terms.

  • 1 decade ago

    You can check with the courts to see if the landlord hd provided proof of service of the court case filed against you. This would have been done by either a process server, a sheriff, or a certified letter, return receipt requested. If they have a signed return receipt, then you were served. However if there is no proof of service, you can try to get the judgment overturned.

  • wizjp
    Lv 7
    1 decade ago

    There is none. Lender needs to be in first mortgage position to foreclose in event of default; title company won't usually insure over a judgement of that size.

    Get the azzhole on the phone, and get it released.

    Source(s): Title underwriter
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