I refinanced my home under the predatory lending time in 2006, and before I received my loan, a judgement had been placed upon me, being my ex- husbands medical bills from 2000. It did n;t show up on my credit as a judgement, because the credit co. got my social security was entered wrong on the papers with the courts. Long story short, I received the modification without that judgement being paid. Title company missed it I guess, and I always thought it was under my normal credit report, not a judgement. Shortly after I received my funds, the attorney from the credit company filed a something in the courts I think it was a Les Pend-es, but I was told that he moved into 1st position on my note, due to the situation. Now, comes two years, I had a modification promised to me, and loan was transferred and then foreclosed on, I knew nothing about it. I get a lawsuit in the mail, suing me for quieting of title, against the credit company and myself. The funny thing is, the bank foreclosed on my property 2 weeks prior to them filing a lawsuit. I hired an attorney to fight the quieting of title, and he filed nothing on the lawsuit. So they took the title to the house. Would it be legal for the lender to foreclose on my home, with the clouded title? And how would I find out if indeed the credit company was in 1st position, or was it just a les pend-es? Thank you for your help.

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Originally Posted by pinchthepenny

... I always thought it was under my normal credit report, not a judgement. ...

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A judgment is one of the many things that normally will show up in your credit report.

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Originally Posted by pinchthepenny

... Shortly after i received my funds, the attorney from the credit company filed a something in the courts I think it was a Les Pend-es, but I was told that he moved into 1st position on my note, due to the situation. ...

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The phrase is "lis pendens". It is, simply, notice to third parties dealing with you that the property is subject to some sort of a claim, and that those third parties should only deal with you at their peril. It means, literally, "litigation is pending". If that litigation subsequently results in an adverse determination, the person who acquired an interest, after the lis pendens was recorded, would end up in an inferior position. Was there litigation and did the credit company prevail in it?

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Originally Posted by pinchthepenny

... I hired an attorney to fight the quieting of title, and he filed nothing on the lawsuit. so they took the title to the house. ...

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It looks like you may have the right to sue the attorney, if in fact he agreed to defend you and yet didn't.

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Originally Posted by pinchthepenny

... Would it be legal for the lender to foreclose on my home, with the clouded title? ...

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If they successfully maintained an action to resolve the clouded title, certainly. And you say that they foreclosed prior to the filing of the lawsuit? Was this a judicial foreclosure? If so, did you oppose it, or let it go by default too?

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Originally Posted by pinchthepenny

... and how would I find out if indeed the credit company was in 1st position, or was it just a les pend-es? thank you for your help.,

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As I say, the lis pendens suggests that there was a lawsuit pending, in which their first position would have been declared by the court.

It appears to me that the attorney you consulted with was talking over your head and you, for whatever reason, failed to make sure you undestood what he was talking about. Find an attorney you can communicate with.