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    doriann345's Avatar
    doriann345 Posts: 1, Reputation: 1
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    #1

    Feb 11, 2009, 12:22 PM
    Civil judgement and mortgage
    I'm getting an fha mortgage and am told I have to pay off a civil judgement that is over 2 1/2 years old from Discover Bank. They have made no attempts to collect this judgement since getting it. I was told the Fair Credit Reporting Act says I don't have to pay it if they haven't tried to collect it for at least 2 years. Can you please shed light and law on this for me? Thanks.
    walt17's Avatar
    walt17 Posts: 335, Reputation: 28
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    #2

    Feb 14, 2009, 07:54 AM
    There are two different issues to consider.

    1. A civil judgment remains on your credit report for 7 years. Your credit report will be used by a lender to determine your eligibility for a loan. Therefore unless you get the judgment removed it will impact your ability to get a mortgage.

    Also, keep in mind that laws say what "must" be done or what "must not" be done. There are also business policies that lenders follow. In this case even though you may not have to pay the judgment, that would not prevent a lender from using it to determine your credit worthiness.

    2. Whether the Fair Credit Reporting Act exempts you from paying the judgment after 2 years needs to be addressed by an attorney. (I am not.) My reading of the act is that the 2 year limitation refers to the bringing of action by a creditor. Not the time that any resulting judgment is valid.
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