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    donzzz77's Avatar
    donzzz77 Posts: 15, Reputation: 1
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    #1

    Nov 17, 2008, 06:30 PM
    Removing a judgement already squashed.
    In Jan. 2005, we received a warrant in debt (judgement). We did not appear at the hearing because of severe inclimate weather.
    This resulted in a lien being placed on our property.
    In March , 2005, we went back to court (same debt) because the creditor had frozen one of our checking accounts. At that hearing, the charge was squashed by the judge. The plaintiff did not show.

    However, the judgement on our realestate remains and is holding up a reverse mortgage loan. The district court (where the judgement was awarded) states that the judgement is gone (no longer eists).(No record).

    How can I appeal to the local court (that authorized the lein) to remove the judgement (lien) from my realestate deed?

    The clerk states that only the plaintiff can authorize the removal of the lien.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #2

    Nov 17, 2008, 06:41 PM

    The clerk is wrong. A court order dismissing the judgement should be sufficient for them to remove the lien.
    donzzz77's Avatar
    donzzz77 Posts: 15, Reputation: 1
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    #3

    Nov 17, 2008, 08:01 PM

    Yes, but what now?
    What action should I take?
    LILL's Avatar
    LILL Posts: 212, Reputation: 15
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    #4

    Nov 18, 2008, 05:21 AM
    Was the order to levy your bank account squashed, or was the judgment itself squashed?
    donzzz77's Avatar
    donzzz77 Posts: 15, Reputation: 1
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    #5

    Nov 18, 2008, 05:50 AM

    Probably the former.
    But the judgemewnt no longer appeard in the Agusta circurit court records.
    The jujdgement is in Rockbrtidge Colunty, again st my realestate.
    I have called the plaintiff's law fkirm, Glasser&Gl.asser, Norfolk, and asked for a settlement offer but have receved no response. (It has only beed a few days.).
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #6

    Nov 18, 2008, 07:04 AM

    What you need is a copy of the order from the court that vacated, dismissed or squashed the judgement. You then bring that to the County clerk and tell them to remove the lien.

    Your title company should be able to help with this.
    donzzz77's Avatar
    donzzz77 Posts: 15, Reputation: 1
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    #7

    Nov 18, 2008, 03:56 PM

    I don't think they (Agusta) has any record of the acton. But I will call again tomorrow and see.
    Thanks again.
    Will advise.
    Donz
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #8

    Nov 18, 2008, 05:37 PM

    If the judgement was vacated, then some judge had to sign an order to do so. The court that vacated has to have a record of the order.
    donzzz77's Avatar
    donzzz77 Posts: 15, Reputation: 1
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    #9

    Nov 19, 2008, 09:02 AM

    I'm worki ng on it.
    Will dvise.
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