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    tamie8496's Avatar
    tamie8496 Posts: 4, Reputation: 1
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    #1

    Jul 29, 2011, 05:59 PM
    Can a judgement be overturned?
    Need help asap in FL. I'm a single mom, my fiancé packed up and left me with the mortgage and all the bills. I stopped paying all my cc's and tried to get my auto finance company to lower my car pymts to try and save my home but the auto company (a very large local Credit Union) was unwilling to help me after multiple attempts of explaining to them my situation. They even went so far as to say "why should we be the ones to take the hit, you should call your mortgage company and ask for a modification". I finally called the Credit Union and told them I was surrendering the vehicle because I could no longer afford the car and my mortgage. They sold the car at auction then a month later filed a suit against me for the deficiency. I rec'vd a Judgement for over $11,000.00 which I can't pay. I'm losing my home, I'm in the process of trying to short sale. I have an offer (the mortgage company is taking a $100,000.00 hit) but, the sale cannot go through with this Judgement. Can a Judgement be reversed or cancelled and if not are there any other options for me as I cannot afford to pay this and provide for my daughter and myself. I appreciate and welcome any advice.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #2

    Jul 29, 2011, 06:10 PM

    Sorry, but there are no grounds for reversing the judgement. You defaulted on your loan, they were unable to recover the full balance when they auctioned the car, so you own that balance.

    Is your former fiancée on the mortgage? Why haven't you sued him for his share? Why is the judgement holding up the sale. It would seem to me the mortgage holder taking such a big hit that it would cover their primary lien.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #3

    Jul 29, 2011, 06:17 PM

    Really sounds , esp since you are not getting any money from the sale of the home, you need to consider bankruptcy, most likely chapter 7. I would go to a local attorney and discuss this
    tamie8496's Avatar
    tamie8496 Posts: 4, Reputation: 1
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    #4

    Jul 29, 2011, 06:30 PM
    Comment on Fr_Chuck's post
    I was hoping to avoid bankruptcy but, it looks inevitable at this point. Thanks for your help
    tamie8496's Avatar
    tamie8496 Posts: 4, Reputation: 1
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    #5

    Jul 29, 2011, 06:37 PM
    Comment on ScottGem's post
    He was on the mortgage originally but, we refinanced several years ago and I refied in my name only because his credit score was inflating the interest rate. I had a very good credit standing before all of this. Now my credit's not in the toilet, it's under it. Thanks for responding.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #6

    Jul 29, 2011, 06:41 PM

    First when posting a follow-up question or info, please use the Answer options at the bottom of the page rather than the Comments.


    If he was on the mortgage, is he on the deed? But if he's not on either, then suing him is probably not going to fly.
    tamie8496's Avatar
    tamie8496 Posts: 4, Reputation: 1
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    #7

    Jul 29, 2011, 06:45 PM
    No, he's not on the deed. He signed a Quit Claim
    ma0641's Avatar
    ma0641 Posts: 15,675, Reputation: 1012
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    #8

    Jul 29, 2011, 07:37 PM
    Hate to say it but with a quit claim, he gave up all rights to the property and it's all yours, along with the debt. If I read this right, they auctioned the car and it brough $11,000 less than you owned? That's a big difference.

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