Revenge? (by Mary [WI]) Apr 28, 2008 11:36 AM|
Revenge? (by phil [NY]) Apr 28, 2008 11:51 AM
Revenge? (by Smokowna [MD]) Apr 28, 2008 11:56 AM
Revenge? (by Mary [WI]) Apr 28, 2008 12:19 PM
Revenge? (by Wind in His Hair [SD]) Apr 28, 2008 12:28 PM
Revenge? (by Charlie [IL]) Apr 28, 2008 2:22 PM
Revenge? (by Radar [IN]) Apr 28, 2008 6:06 PM
Revenge? (by Cat [WI]) Apr 28, 2008 8:34 PM
Revenge? (by Cat [WI]) Apr 28, 2008 8:36 PM
Revenge? (by JJ [OR]) Apr 28, 2008 10:43 PM
Revenge? (by Mary [WI]) Apr 29, 2008 7:00 AM
Revenge? (by Mary [WI]) Apr 29, 2008 7:06 AM
Revenge? (by Mary [WI]) Posted on: Apr 28, 2008 11:36 AM
Dig this – We had tenants and received a judgment against them in 2003. We had it docketed, in case they won a million one day. See they are both on disability and as you all know – you can’t attach a garnishment to that.
Know what I am getting for that? A notice delivered that I am a DEFENDANT with the losers! Along with Mortgage Electronic Registration Systems, Inc, Department of Revenue, Department of Workforce and County Human Services! That’s right – lumped in with the losers!
How you ask? Countrywide Home Loans, Inc made a home loan to these losers! They are now trying to foreclose on the property. And apparently because we have a judgment against the losers, we have a “lien” on the property they are trying to foreclose! But there we are, named as defendants with the losers!
Have to write some letters to the attorney and courthouse – why? Like we are going to get any money on our judgment, after Countrywide forecloses and sells? I gave up on that money long ago – thing is – we are listed as defendants! The case is showing in the records with us as defendants! Credit affect of some kind??!!?? Pay an attorney $250/hour to find out?
We did right and sued ‘em for being losers. And then docketed it so others would not rent to them. Now we are being punished?
I need a drink……or two
Revenge? (by phil [NY]) Posted on: Apr 28, 2008 11:51 AM
Of course your are named, any encumbrance that is junior to the first note, must be named in the foreclosure proceedings in order for Country wide to obtain clear title to the property --205.188.xxx.xxx
Revenge? (by Smokowna [MD]) Posted on: Apr 28, 2008 11:56 AM
I think you will find that your documenting everything in writing is enough to clarify why you were once a defendant.
Not too many months ago a similar scenario came up, I don't recall the title of the post but maybe the next posters will.
Wouldn't it make for an interesting story if you ended up dealing with Countrywide and buying their place for pennies on the dollar.
Revenge? (by Mary [WI]) Posted on: Apr 28, 2008 12:19 PM
Smokowna - You betcha it would!! That was my first thought after I got over the paperwork and seeing my name lumped with the losers. Now I just need to find a decent attorney in WI - to at least answer this properly. --4.159.xxx.xxx
Revenge? (by Wind in His Hair [SD]) Posted on: Apr 28, 2008 12:28 PM
Your only tie to the case is your lien against their property? You'll come out OK. Just sucks to be lumped in with them.
Mix up a Jack and Coke, get out your yellow pages, look for "attorney" and have a Jack and Coke on me. Good luck. What a hassle! --71.63.xxx.xxx
Revenge? (by Charlie [IL]) Posted on: Apr 28, 2008 2:22 PM
Correct me if I'm wrong. And I am sure someone will. But how did these loser's get financed thru Contrywide with these judgements showing up on the credit reports. I sell real estate and we are always going thru Hell trying to get the Buyers to clean these Judgements up so they can get financed. A judge needs to look at this as the homeowner had no right to purchase if you had prior unpaid judgements against them. It is just one of the reasons we go thru the trouble and expense of filing in the first place. Good Luck --216.182.xxx.xxx
Revenge? (by Radar [IN]) Posted on: Apr 28, 2008 6:06 PM
Four or five years ago, I was in the same situation that you are in, Mary. I had a judgment against this bozo-renter and someone was foreclosing on her house. I really felt violated that I was listed as a debtor along with this deadbeat.
I contacted several people-in-the-know, and they said that I shouldn't worry about it. It was just a "formalitity".
I never paid an attorney to look into it, and it never showed up on my credit report. Save yourself some money. It will pass and not have any effect on your credit. Bozos will always be bozos. We shouldn't have to pay a price for their actions. --71.188.xxx.xxx
Revenge? (by Cat [WI]) Posted on: Apr 28, 2008 8:34 PM
I had a similar thing happen to me about 12 yrs ago. I rented some cropland to a person that owned a farm and a house in the city.
I was served papers, like you, with my name as a defendant and freaked out. Found out it was nothing to be concerned about. I can't remember what I needed to do,as far as paperwork, if any, but in the end it was between myself and someone else to get the last $100 left after the procedure was over. The other person had filed first or some such thing (don't remember) and they got the $100. I didn't figure it was worth fighting over.
It is not such a big deal, as I originally thought and no attorney was needed. You are just listed, as a formality to be sure that the final decisions include your judgement in the record, even if you get nothing.
Don't worry about it.
Revenge? (by Cat [WI]) Posted on: Apr 28, 2008 8:36 PM
Forgot to mention that both their properties were going up for foreclosure. Apparently he had been hurt in a farm accident and was laid up for awhile. I think that they owed me about $1600, but don't remember exactly.
Revenge? (by JJ [OR]) Posted on: Apr 28, 2008 10:43 PM
I'm not familiar with this scenario, but I'm a legal secretary so I see a lot of things come across my desk, and Cat sounds 100% right. They have to acknowledge the creditors before they sell the house for pennies on the dollar, and get as much as they can recoup for the 1st mortgage. You're further down the line, likely won't get anything, but they have to list all the creditors in case there IS $$ leftover. I would NOT pay a lawyer on this one. --24.21.xx.xxx
Revenge? (by Mary [WI]) Posted on: Apr 29, 2008 7:00 AM
Charlie – Exactly! That was one of my questions. Not only do these people have my judgment, but SEVERAL others after my 2003 one and they got the loan in 2005. I suppose it was because of the rush around 2003 to 2005 from the dropping interest rates, where the mortgage companies couldn’t get loans and refinances done fast enough. It’s funny though – we are the “perfect’ background people, but we were put through the wringer [felt like criminals for following the rules] when we refinanced and I’ll bet they basically handed over the money to these people. It seems like if you’re good – they check you like nobody’s business. If you’re a loser – oh, here’s your money!
Radar – thanks for the words. After I settled down, somewhat, I came to the same conclusion as you. Doesn’t feel much better, but it’s nice to know that this is somewhat common.
Cat – Wow, another with the same problem. I tell you that I have never heard of this or even imaged it could be possible. But thanks for the words confirming what others have said – in the end it’s no big deal.
JJ – I would be with ya on this not paying a lawyer, but…after several calls, I was given a personal referral of an attorney that qualifies in the “good” category and after speaking to him on the phone [for free] for 45 minutes, he offered $50 to look over the paperwork, look at the letters I will be sending in response and listen to my concerns [which from all the responses above, are becoming less]. As stated – I could care less about the money at this point – it’s my good name I’m concerned about. But he said that I’m first in line as far as the filing date, for one. And also something about some 12% interest? I feel compelled to at least answer and therefore be able to request all further information on this case be forwarded to me. It’ll make nice reading, as I watch them crash and burn. May give me ‘some’ satisfaction. --4.158.xxx.xxx
Revenge? (by Mary [WI]) Posted on: Apr 29, 2008 7:06 AM
Wind in His Hair - CHEERS! :) --4.158.xxx.xxx