[pppegans]

I had a judgement lien that expired in November 2007. I'm trying to buy a house but the lien is still showing. Wouldn't I have been notified if the lien was reissued? I don't live in Michigan at this time, but they know how to get in touch with me. What is up with this?

[JudyKayTee]

I had a judgement lien that expired in November 2007. I'm trying to buy a house but the lien is still showing. Wouldn't I have been notified if the lien was reissued? I don't live in Michigan at this time, but they know how to get in touch with me. What is up with this?

An expired and not renewed Judgment will continue to show up on your credit report for a period of 7 to 10 years.

There is nothing unusual "up with this." It's a debt and a Judgment which you haven't paid and so it continues to appear on your credit report.

[ScottGem]

What "expired"? The Judgement? The Lien? What makes you think it was expired?

If a judgement is obtained against you, that judgement can be renewed for at least one more term (generally 7-10 years). And no you wouldn't have to be notified of that fact. If a lien was placed on property during the term when a judgement was in effect that lien usually does not expire when the judgement expires. Expiration of the judgement just means they can't use it to attach other assets, but once the lien has been placed, it remains until satisfied or released.

Also why would a lien affect your BUYING a house. It would only affect your selling the property the lien is on. Having a judgement against you, could affect your ability to by a house by affecting your ability to get a loan.

I think you need to rephrase your question, because I think you are confused by the terms you are using.

[pppegans]

What "expired"? the Judgement? The Lien? What makes you think it was expired?

If a judgement is obtained against you, that judgement can be renewed for at least one more term (generally 7-10 years). and no you wouldn't have to be notified of that fact. If a lien was placed on property during the term when a judgement was in effect that lien usually does not expire when the judgement expires. Expiration of the judgement just means they can't use it to attach other assets, but once the lien has been placed, it remains until satisfied or released.

Also why would a lien affect your BUYING a house. It would only affect your selling the property the lien is on. Having a judgement against you, could affect your ability to by a house by affecting your ability to get a loan.

I think you need to rephrase your question, because I think you are confused by the terms you are using.

I think Michigan law is different. I 'm not up on the legal language but I explained it as well as I can. The person who owes is the judgement debtor and it states that the original lien expires November 22, 2007. What I want to know is would I have been notified if the lien expired without renewal. I understand that they have to renew the lien 120 days prior to expiration. Would the Judgement creditor or the state of Michigan notify me if it had been renewed. I hope my question makes sense to you.

[JudyKayTee]

I think Michigan law is different. I 'm not up on the legal language but I explained it as well as I can. The person who owes is the judgement debtor and it states that the original lien expires November 22, 2007. What I want to know is would I have been notified if the lien expired without renewal. I understand that they have to renew the lien 120 days prior to expiration. Would the Judgement creditor or the state of Michigan notify me if it had been renewed. I hope my question makes sense to you.

Okay, how about this - what did the creditor lien against? Property? Bank account? Something else?

Scott is right - a property lien only comes into play when you sell.

And a Judgment stays on your credit report.

You are right about Michigan - it's a complicated set of laws and apparently several attempts have been made to bring it into conformity with other States, to no avail.

I read through about 8 pages of law - half of them refer to Judgment liens, the other half say there are no Judgment liens, there are only judgment levies.

If you are buying property you must have an Attorney - you'll have to ask him/her (unless someone here is in Michigan and has first hand knowledge).

[pppegans]

Okay, how about this - what did the creditor lien against? Property? Bank account? Something else?

Scott is right - a property lien only comes into play when you sell.

And a Judgment stays on your credit report.

You are right about Michigan - it's a complicated set of laws and apparently several attempts have been made to bring it into conformity with other States, to no avail.

I read through about 8 pages of law - half of them refer to Judgment liens, the other half say there are no Judgment liens, there are only judgment levies.

If you are buying property you must have an Attorney - you'll have to ask him/her (unless someone here is in Michigan and has first hand knowledge).

The judgement was for an rv. Which was returned to the bank parking lot, NBD at that time. There was a garnishment at that time. My husband got ill and hasn't work since. The lien says that they (Calvary Investments) wants the rv back or $132,000. Well they already had the rv. But the lien is still there. The rv was returned in 2000 and the judgement (for not showing up) was granted in 2002. The judgement should have expired in 5 years,which would have been in 2007. I've been waiting on a response from the mortgage company for about a week now.

[ScottGem]

This is confusing. A lien is a legal encumbrance placed on a property. A lien states that the property's ownership can't be transferred until the lien is statisfied or removed.

But I also checked and MI law is kind of stupid about this. A judgement lien appears to be a lien placed as a result of a judgement received. Differentiating from a voluntary lien placed as a result of putting the property up as collateral for a loan. The law does state that a lien expires after 5 years though can be rerecorded once. However, if the judgement itself expires so does the judgement lien.

But that still doesn't answer why this affects your buying a house. Its clear from what I read, that a judgement lien is still an encumbrance against property. So the only way it would affect your buying a house is if its affecting your ability to get credit. And that has nothing to do with the judgement or the lien expiring. The fact that you had a judgement against can stay on your credit report.

[JudyKayTee]

The judgement was for an rv. Which was returned to the bank parking lot, NBD at that time. There was a garnishment at that time. My husband got ill and hasn't work since. The lien says that they (Calvary Investments) wants the rv back or $132,000. Well they already had the rv. but the lien is still there. The rv was returned in 2000 and the judgement (for not showing up) was granted in 2002. The judgement should have expired in 5 years,which would have been in 2007. I've been waiting on a response from the mortgage company for about a week now.

Again - are you talking about being concerned about the judgment being on your credit report or something else?

[ScottGem]

Ok, the judgement does not expire for 10 years and can be renewed. So even if the lien expired the judgement doesn't expire until 2012. Now, even if the lender does acknowledge that the RV was turned back in, that doesn't change your situation much. Most likely the RV was sold at auction for less than what you owed, which means you are responsible for the balance. So its not really the lien that is your problem it's the judgement the line is based on.

You can try to get Calvary to release the lien since they have the RV. But that won't release the judgement. You also need to know whehter they are coming after you for the difference between what they sold the RV for and what you owed on it.

I would contact them to try to straighten this out. But I don't have much hope for you getting a mortgage.

[pppegans]

This is confusing. A lien is a legal encumbrance placed on a property. A lien states that the property's ownership can't be transferred until the lien is statisfied or removed.

But I also checked and MI law is kinda stupid about this. A judgement lien appears to be a lien placed as a result of a judgement received. Differentiating from a voluntary lien placed as a result of putting the property up as collateral for a loan. The law does state that a lien expires after 5 years though can be rerecorded once. However, if the judgement itself expires so does the judgement lien.

But that still doesn't answer why this affects your buying a house. Its clear from what I read, that a judgement lien is still an encumbrance against property. So the only way it would affect your buying a house is if its affecting your ability to get credit. And that has nothing to do with the judgement or the lien expiring. The fact that you had a judgement against can stay on your credit report.

What you just said is confusing to me. but my original question was answered by the fact that Calvary Investments or the State of Michigan do not have to notify me if the lien or judgement was rerecorded. I am trying to get an FHA loan through Quicken who is researching this now, and ironically they are in Southfield Mi. So there attorneys should know the law in that state. But still I haven't heard anything. I was approve for the loan a few months a go but now that I've found the home, this comes up. Let me ask you this, a class A rv, Is that considered a property (such as a home)? We were taken pretty good in Michigan by an attorney, by the name of Michael Bolton. We gave him over $6500 and he did nothing. I heard that he has disbarred. Hopefully I spelled that right. Thanks for your help and your concern.

[ScottGem]

You may have been given preliminary approval, but, that was probably pending a credit search. There is nothing about the law at stake here. The problem is you have a blemish on your credit history and the lender has to decide whether you are a good risk.

And yes an RV would be considered property in the same way a car would.
What was this Bolton supposed to do for you?

[pppegans]

Ok, the judgement does not expire for 10 years and can be renewed. So even if the lien expired the judgement doesn't expire until 2012. Now, even if the lender does acknowledge that the RV was turned back in, that doesn't change your situation much. Most likely the RV was sold at auction for less than what you owed, which means you are responsible for the balance. So its not really the lien that is your problem its the judgement the line is based on.

You can try to get Calvary to release the lien since they have the RV. But that won't release the judgement. You also need to know whehter they are coming after you for the difference between what they sold the RV for and what you owed on it.

I would contact them to try to straighten this out. But I don't have much hope for you getting a mortgage.

According to the judgement it expires in 5 years and can be rerecorded for another 5 years as long as it is done within 120 days prior to expiration. I am trying to read the no response from Quicken loans and there attorneys. I wonder if they understand the new Michigan law regarding this. We have been through the mill in the last 10 years. I with stood us losing everything. I'm not giving up, this is a ray of sunshine to me. It will have to turn black completely before I give up completely. Thank you for your response and concern.

[ScottGem]

You are missing the point. Quicken is trying to get you a loan, but they need to determine if you are a good enough risk. The fact that you had to be sued to pay a debt that you have yet to pay makes you a higher risk. That's what the lender has to reconcile. So it doesn't matter whether the lien was extended or expired or whatever. The fact that you have a judgement against you is the ONLY salient point.

Now, given the circumstances of that judgement (you turned back in the property when your circumstances changed) may mitigate against the negative factor of the judgement and they may decide you are worhty of the risk. Without knowing all the other factors, I can't tell what they might do.

[pppegans]

Again - are you talking about being concerned about the judgment being on your credit report or something else?

I'm concerned that it is still on the credit report because by being their it brings my credit score down. I have been approved but this might cause the decision to approve to be reversed. We are on ss and at the ages of 66 and 67 and one being disabled we might or probably will not have this chance again.

[ScottGem]

I can understand your concern, but there is nthing you can do about it. You did default, the judgement was awarded. The facts are correct.

[JudyKayTee]

I'm concerned that it is still on the credit report because by being their it brings my credit score down. I have been approved but this might cause the decision to approve to be reversed. We are on ss and at the ages of 66 and 67 and one being disabled we might or probably will not have this chance again.

You walked out on a loan and a Judgment - of course it's on your credit report. You certainly weren't 66 and 67 when the Judgment was taken against you. Did you make any attempt to make payments, negotiate another figure?

Not the least bit unusual to pass the first credit approval but then get tangled up when it gets more intense.

You should be spending your time explaining this to the mortgage company, not to "us."

[pppegans]

You may have been given preliminary approval, but, that was probably pending a credit search. There is nothing about the law at stake here. The problem is you have a blemish on your credit history and the lender has to decide whether you are a good risk.

And yes an RV would be considered property in the same way a car would.
What was this Bolton supposed to do for you?

Michael bolton was suppose to file bankruptcy for us. Thanks for the info.

[pppegans]

I can understand your concern, but there is nthing you can do about it. You did default, the judgement was awarded. the facts are correct.

Thank you, I appreciate the time you have spent on this. I really appreciate it. I'm better informed because of all of you.

[pppegans]

You walked out on a loan and a Judgment - of course it's on your credit report. You certainly weren't 66 and 67 when the Judgment was taken against you. Did you make any attempt to make payments, negotiate another figure?

Not the least bit unusual to pass the first credit approval but then get tangled up when it gets more intense.

You should be spending your time explaining this to the mortgage company, not to "us."

Thank you, I think I will get to the bottom of this Monday. I don't like being on this roller coaster. I appreciate the time that all of you have taken with me. I sincerely thank you all!

[JudyKayTee]

micheal bolton was suppose to file bankruptcy for us. Thanks for the info.

If you paid an Attorney for the bankruptcy filing, he took your money, you furnished whatever information he needed and he did nothing he should be reported to the Bar Association.