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First off, Close to retirement - pay off Lending Tree mortgage or keep Lending Tree mortgage? Many thanks for any answer. Second question of mine... I have 1 judgement left on TU and EXP. It has been paid and I disputed it as not mine but it came back verified on both..

Can I get it vacated somehow? Any other tips?..

asked Feb 28 at 11:55

Kennedy
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Kennedy
13


Good question... I dunno what is the right answer. I'll do some poking around and get back to you if I find an anything. You should email the people at Lending Tree as they probably know..

answered Feb 28 at 12:20

Aaliyah
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Aaliyah
4602

You have little or no chance of getting it vacated in the normal sense of the term but thee are 22 reasons why you might be able to get it voided..

The difference lies in the term motion to vacate judgment and motion to vacate void judgment. And the difference between those two is that the judge has no choice but to vacate a judgment that is null and void upon it's face. It is a legal nullity and is as though it never existed..

You have only a limited amount of time to ask the judge to vacate a judgment for cause but there is no limit within which to file motion to vacate void judgment...

answered Feb 28 at 13:16

Lizbeth
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Lizbeth
757

Any idea where I can find a list of those 22 reasons?? Has anyone done this?..

answered Feb 28 at 13:48

Cade's gravatar image

Cade
1902

No, I've never typed them up as of yet. At least not for publication. I put a few of them up in another post a day or two ago but only 6 or 8 or so. Takes a lot of time to do that and doing the research necessary to look up all those case cites and read those so you can understand them takes a lot of time too. One has to actually do that in order to understand each of the 22 reasons well enough to put them to any use. One also has to know the intent and reasoning behind the cases and sometimes that's not so easy either..

So I just have folks send me their judgments and I check them out to see what might be done. I don't charge nobody nothing for doing it so they aren't out anything except the fax call or the postage...

answered Feb 28 at 14:06

Julia
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Julia
1205

A judgement which was granted and later satisfied can still be voided? Am I understanding this correctly?..

answered Feb 28 at 15:22

Allie
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Allie
281

Now that one would probably turn out to be a two-headed snake. I've no experience or even rumor that would give me a reaady answer to that question. All I can do is to give you my personal opinion but that might give you enough information to go check our what I am saying with an attorney. You would have to do that anyway because I"m not one. I know some of the theories but not the practical side of it. I can give you some food for thought but that's about the size of it when it comes to void judgments..

So here is the food for thought. In the process, get ready for your eyes to glaze over and roll heavenwards because there isn't any short, sweet way I know of to post what I have to say in the matter without one or more bonepickers or naysayers descending upon me claiming that I don't know what I am talking about which was a foregone conclusion from the git-go. Another thing that has to be kept in mind is that before one accepts court case cites as being the final word in any given matter one needs to shepardize the case and see what other cases have been launched using the case referred to as a reference by attorneys hoping to get the future court to rule as did the one referenced. That don't always happen for whatever reason. Just as one cannot rely on two snakes slithering down the same exact path, one cannot rely on two judges to rule in exactly the same way. Law is not an exacting science by any stretch of the imagination.

They never get done practicing..

Void judgments are those rendered by a court which lacked jurisdiction, either of the subject matter or the parties. Tube City Mining & Milling Co. v. Otterson, 16 Ariz. 305, 146 P. 203 (1914);Wahl v.

411, 300 P. 955 (1931); and Milliken v. Meyer, 311 U.S. 457, 61 S. Ct.

2d 278 (1940)..

Now then, in that first of more than 90 cases I have researched on this subject alone one can see that two different courts had to struggle with the question before it finally got settled by the Supremes who have plenary power over all decisions unless overruled by Congress which has also happened more than once throughout our history. Plenary power means absolute power over a subject because their ruling cannot be appealed to any other court although even the Supremes sometimes reverse themselves as time and needs of the country change or the makeup of the panel changes. Just look at Roe v. Wade and Miranda as a couple of examples of how time and later thinking changes the thinking and hence the rulings of even the Supremes..

A void judgment which includes judgment entered by a court which lacks jurisdiction over the parties or the subject matter, or lacks inherent power to enter the particular judgment, or an order procured by fraud can be attacked at any time, in any court, either directly or collaterally, provided that the party is properly before the court, Long v. Shorebank Development Corp., 182 F.3d 548 (C.A. 7 Ill. 1999).

A void judgment is one which, from it's inception was a complete nullity and without any legal effect. Hobbs v. U.S. Office of Personnel Management, 485 F.Supp.456 (M.D. Fla. 1980)..

Now then, if anybody thinks that I'm going to sit here and type out a ton of pages which I've already copied out of various text books and legal commentaries or post up the results and findings of more than 90 courts of law just so I look like some kind of legal authority then they have got another think coming. Not going to happen. Then some might say that just because I happen to have a list of 22 reasons why judgments may be defective and the court cites to back me up then I have surely got to know how to prepare their case for them and lay it all out in front of them for free so they can just take the paperwork and go file it with the court and get their judgments overturned. While I may be just barely able to play "monkey see" I'm not yet smart enough to play "monkey do" when it comes to doing the paperwork necessary to go to court and get judgments overturned. If I had one of my own that I needed to get overturned I have more than enough material and knowledge that I could go talk to a lawyer and make him think I really knew what I was talking about but I'd have to pay the lawyer to actually go get down in the trenches and start shooting at the enemy. And the next problem I'd have to fight is that he is first of all an officer of the court.



You and I could care less but I'd almost bet I'd have to take a couple of gallons of 181 proof hooch with me to get the lawyer drunk enough to go rattle the lion's cage and I sure don't have the guts to go do it yet. So now I've got a lady mad at me because I won't do it for her and do it for her for free..

Now then, when it comes to preparing the paper work to go sue some knuckleheaded collection agency for breaking the law or denial of my rights that's a different story. I think I can do that. Its not all that hard and lots of people have been there and done that so I got lots of example to copy from and I or anybody else can get up there and sniffle and snaffle and cry about how that nasty bill collector hounded me to death, called all my friends and relatives and told them I was a deadbeat (probably true since I've been accused of that and worse several times before), and all manner of other evil things done to me by the defendant probably up to and including but not necessarily limited to serving me my morning coffee so hot it burned me..

But going up before the court and trying to convince the judge that he is a knucklehead and ought to be behind bars instead of judging me is another whole ballgame indeed. While more than 90 cases have given rise to 22 reasons why judgments can be defective and my studies do give me sufficient knowledge to be able to look at a judgment and see what is wrong with it and why it may indeed be null and void upon it's face and lay out my thinking to them it does not automatically follow that I also know how to go force feed that information to a court of law and make them like it. I wish I did and maybe someday I will..

Right now I'm more interested in being able to go out and suck at least a few drops of green pain medicine out of those who violate the law and the rights of others. That I might be able to do but If somebody thinks I'm going to spend the hours of time doing the research for them and the time to type it all up and endure the expense of sending it to them by whatever means and then bid them farewell and good luck while they go eat all the fruits of my tree for free, then I'm sorry but I got better things to do..

Even worse, if I were to do all that for them for free they would probably not burn even one drop of midnight oil and thus go to court and the judge asks them if they prepared all that paper work and they would claim they did so the judge would then ask them to explain their case and their bottom jaw would drop to about the level of their waist whereupon the judge would say "Case dismissed" and then they would come back and jump on me like a wounded banshee. They would come back and claim it's all my fault and I gypped them and I shouldn't be practicing law without a license and they are gonna sue me..

Life's like that sometimes. (LOL)..

answered Feb 28 at 16:22

Michelle
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Michelle
428

Hey, I understand! A void judgement is similar to having a null and void contract. If it was not written correctly it may not be binding. Same principle correct? What I need to do then is look at it through a microscope and analyze every facet. Look for the mistakes and research them extensively..

I had never heard of this before! Thanks Bill!..

answered Feb 28 at 16:59

Melany
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Melany
2752

I've got my notes and stuff all down and I'm leaning heavily towards putting the whole thing which would be some 10 maybe 20 pages of typewritten material (if it were all typewritten) on my message board but don't know when I might get that done..

In fact, I don't know how much good it would do me or how many people would end up reading and understanding it or being able to put it to good use..

Maybe some more people will tell me what they think and whether or not they would go read it and if that happens I just might very well go ahead and do it...

answered Feb 28 at 18:32

Paris
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Paris
1263

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