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Judgement: the Consequences of a Judgment on Top of a Mortgage

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OHRoadwarrior

Senior Member
Using "are" vs "could be" in a legal context is much more serious that potaaawwwto vs potaaaato

It is? Can you explain how anything posted here, except certain things by OG and other lawyers, based on their personal court experience, are anything but hypothetical opinions? We engage in discourse in an attempt to provide the best and most accurate advice we can, from resources and personal experience. At a certain point, arguing over an opinion, when the text is provided for reference is mute. As they say, opinions are like @@@@@@@@, everyone has one.
 

LdiJ

Senior Member
It is? Can you explain how anything posted here, except certain things by OG and other lawyers, based on their personal court experience, are anything but hypothetical opinions? We engage in discourse in an attempt to provide the best and most accurate advice we can, from resources and personal experience. At a certain point, arguing over an opinion, when the text is provided for reference is mute. As they say, opinions are like @@@@@@@@, everyone has one.

ALL of us get called out by other people when we word something poorly enough to indicate either an absolute, when an absolute isn't warranted, or word something poorly enough that its just plain wrong. I have no problem about carry on a debate that focuses on a legal issue. However, when you know you are wrong because you worded something poorly, its just a lot easier to say "sorry, I worded that badly".
 

OHRoadwarrior

Senior Member
ALL of us get called out by other people when we word something poorly enough to indicate either an absolute, when an absolute isn't warranted, or word something poorly enough that its just plain wrong. I have no problem about carry on a debate that focuses on a legal issue. However, when you know you are wrong because you worded something poorly, its just a lot easier to say "sorry, I worded that badly".

I don't need to do that. You are not my mommy. What is the basis for the strange fascination you seem to have for me?:cool:
We have already had discussions about your background. You don't interest me.

Who appointed you FA English teacher BTW?
 
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Homeowner in pA

Junior Member
I received a copy of the civil case court document(s).

QUOTE=OHRoadwarrior;3107064]Now that we are back on topic. Add documents for what purpose?[/QUOTE]
 

latigo

Senior Member
Was the legal action that resulted in the judgment commenced before they conveyed title? NOT the date of the judgment at the end of the legal action.

Was the action disclosed when you put the mortgage in place - what did you state on the Owner's Affidavit signed at closing of the loan?

My I ask the purpose of the inquiry?

A judgment lien is not retroactive to the date of the commencement of the action resulting in the judgment.

If the nature of the cause of action tested the state of title to the defendant's land holding land and a Lis Pendens was properly recorded and a judgment followed conferring title or a lien in favor of the judgment creditor, a purchaser subsequent to the filing of the Lis Pendens could not claim status as a BFP.

But I see nothing in the OP’s posting to indicate that the judgment effected the selling cotenant's title. Maybe so, but it doesn’t appear so.

____________________________

Months if not years can pass between the filing and a final judgment and it certainly doesn't lock up the defendant's real property interests during the interim. That is, unless via Lis Pendens.
 

OHRoadwarrior

Senior Member
What she is indicating is that if OP lied, omitted or misrepresented this action on the affidavit for his loan, he could be in violation of state and federal law, in addition to the loan being immediately due and payable.
 

latigo

Senior Member
What she is indicating is that if OP lied, omitted or misrepresented this action on the affidavit for his loan, he could be in violation of state and federal law, in addition to the loan being immediately due and payable.

I see that "Chicken Little" has hit the panic button again.

Whatever, it's that time of the year. Applesauce production, that is.
 

OHRoadwarrior

Senior Member
Posting documents?

This is the part where you need a lawyer. I will take a shot, though I can't guarantee accuracy. I believe at this time they would petition the court for a debtors exam. They would require a questionnaire be filled out and the debtor appear before the court. At that time they could start pursuing this action against the debtor and you.
 

Homeowner in pA

Junior Member
I do have a lawyer who wrote the response of which I'm trying to post for you-all to read.

Circling back to my first post… I didn’t know there may be relevance to me having a current mortgage if the plaintiff placed a judgment on my property now.

As a non-lawyer… I don’t know what is relevant to the case and need help in determining what is relevant

This is the part where you need a lawyer. I will take a shot, though I can't guarantee accuracy. I believe at this time they would petition the court for a debtors exam. They would require a questionnaire be filled out and the debtor appear before the court. At that time they could start pursuing this action against the debtor and you.
 

tranquility

Senior Member
I do have a lawyer who wrote the response of which I'm trying to post for you-all to read.

Circling back to my first post… I didn’t know there may be relevance to me having a current mortgage if the plaintiff placed a judgment on my property now.

As a non-lawyer… I don’t know what is relevant to the case and need help in determining what is relevant

A case having to do with priority of liens is at http://courtopinions.northamptoncounty.org/PDF/0048-CV-2010-344.pdf

It will discuss the law on the matter. Don't go by the holding as the facts are different. But, read the discussion and try to understand it. Look up the other cases referenced in areas you think fit in with your facts.
 

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