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My first question is How long does it take to get a Lending Tree mortgage done? Thanks in advance for any response. Another question on my mind: Can a satisfied judgment be vacated? I had a credit card debt with a credit union and missed two payments and they served papers and demanded full payment. Before going to court, I was able to contact the creditor and make a verbal agreement to pay 50% of the bill and then make continuing regular payments after that which I did.. |
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I'm stumped. I'm not so sure what is the answer. I'll do some research in Google and get back to you if I bump into an anything. You should email the people at Lending Tree as they probably can help you..
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I was sent a copy of what they sent to the courthouse and it definitely stated to vacate the judgment. What really hurts is that until it vacates it just kills my FICO score and my credit report. If the court would get this right, I would probably get a 30 point FICO rise overnight...
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I frankly would consult a probate attorney that does a lot of work in that courthouse and see what they think. Remember, a consultation is free. It cost me $125 to have a judgement vacated in my case and it too was satisfied before it was vacated. The only problem was that when my paid/satisfied judgement was vacated and that record subsequently removed from my credit report, to be honest with you, my Lending Tree credit score went down! So don't get your hopes up that your Lending Tree credit score will get an immediate 30 point bump..
Buckets.. |
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Why would getting something bad off of your public record and off your credit report cause a decrease in the FICO? It makes no sense to me...
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Hi Buckets,.
What were the grounds used for asking the court to vacate?. My husband has a paid judgment and I have been looking everywhere for a "reason" to give the court for vacating... |
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Perhaps this was one of your oldest accounts? And when it was deleted it shortened your credit history? That's the only thing I can think off.....
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I'll second that post about scores going down after a judgement is vacated. I helped a friend vacate a judgement and he dropped about 25 pts after it was removed. The best rationale for this that I can imagine is that maybe there's something built into the score that accounts for people that are trying to clean up their credit. That's just my best shot at the reason for the score drop..
For the other poster, the most common reasons to use for vacating a judgement are "deficient service of process" and "accord and satisfaction". A search on this board for either of these terms should bring up more information.. M.. |
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The judgement that was vacated was not a collection so to speak. It was a small claims court decision. I sold a gentleman something on eBay and then he wanted his money back. I said "no." The court decided in his favor and I paid him outside the court room and told him to talk a long walk off a short pier. Well, some years later I checked my credit reports for the first time and noticed that I had something under the public records area and it showed that I had not paid the guy. I was ticked, to say the very least..
I contacted the court, they told me I needed the guy's signature one some form proving I paid. Well, I basically told the guy off and some time had passed and I worried whether he would sign it or not. I found his number and called but found out that the poor guy died. Now what? I went back to the clerk of courts and she said that I could bring proof in (a canceled check) and they would show it as judgement satisfied, but it would not be removed from my credit report. I sifted through the records of the court proceeding and found that the judge was vague as whether or not a judgement was issued against me or not. In other words, I really wasn't found guilty. The judge signed off on it and it was vacated. Then the hard part was convincing the credit bureaus that a vacated judgement meant that it should be removed from my credit reports (which they ultimately did).. My advice, pull all the records on the court case and ask a good probate attorney who is very, very close to the court to review the transcripts to see if he or she sees a good reason to vacate. They should be very up front with you. If it's a two bit hack of an attorney, don't even bother. Get one who is well connected. It shouldn't cost more than $100 to $300 depending on the type of judgement. Hope that helps.. Buckets.. |
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Now I KNOW you are hawghanner, you and I had a little tiff about this very statement right before you 'went away'. Remember:.
Http://consumers.creditnet.com/strai...threadid=40596.. |
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What, if any, input does the attorney for the plaintiff have in the process should a person file a motion to vacate judgment. Bill? Can you help me here?..
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I've never seen anything or had any experience with a paid judgment but logic tells me that in the case of a paid judgment he would have everything to do with it and getting his cooperation would be crucial..
In the case of motion to vacate void judgment there would be nothing at all that he could say. One thing to look for is that it could very well be a void judgment and if so and you file motion to vacate and win he is going to be in an awfully hard situation if you choose to follow up with suit. If the "violations" are sufficiently severe and you pursued the issue sufficiently you might very well be able to actually put him out of business. Being able to take it that far however would probably mean a couple of years or more fighting over it. Most people wouldn't want to go to that much trouble... |
