Refinancing my house with judgement against me

This is a discussion on Refinancing my house with judgement against me within the Small Claims Courts forum, part of the Civil Litigation category; Can I refinance my house with a judgement against me from a Civil case? I would love to have the ...

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Old May 24th, 2007, 04:40 PM   #1
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Default Refinancing my house with judgement against me

Can I refinance my house with a judgement against me from a Civil case? I would love to have the case dismissed but cannot afford an attorney to try to fight it. I was never even served papers. I pulled my credit report and it was on there.

Does that mean I have a lien against me? Does it prevent me from refinancing or selling my home? Are there any inexpensive ways to get out of this?
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Old May 25th, 2007, 11:59 AM   #2
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Default Re: Refinancing my house with judgement against me

If they already won in court and filed a lien then the lien will often stop a re-fi.

See also http://www.worldlawdirect.com/article/935 -- Collecting on a court judgment.
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Old May 9th, 2012, 11:40 PM   #3
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What can I do about judgements against my property that are not mine? Im tring to refi and they came up and I don't even now where they came from.
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Old May 9th, 2012, 11:57 PM   #4
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Default Re: Refinancing my house with judgement against me

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What can I do about judgements against my property that are not mine? Im tring to refi and they came up and I don't even now where they came from.
If there are judgments against your property, then they may have existed when you took possession, or you may have a lien against your property that you weren't expecting.

Before trying to figure out what to do about them, you need to find out where they came from. Whomever placed the lien should be able to tell you why it was placed.
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Old May 10th, 2012, 07:22 AM   #5
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Default Re: Refinancing my house with judgement against me

When there is a judgment lien, and it must be on the judgment rolls and show up on the title search -- something that cannot be said for small claims judgments for although they show on credit reports, most states require they be transcribed to superior court in order to be able to collect on them as a lien -- then the judgment will be paid from the proceeds of the refinance.

The likelihood of a small claims court judgment constituting a lien against title is small to nil. At least in the states I am familiar with.

If a judgment was entered without service of summons and complaint, it can be vacated, too. Due process grounds.
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