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Pam93022 · Oct 11, 2006, 05:47 PM

TITLE INSURANCE
Back in 1990 I had a judgment place against me and it was renewed in 2000 and a writ filed in 2000 and at the time I was on aid with my two small children and filed a claim of exemption which I was granted. I completely forgot about it and did not hear from them until last week. I recently purchased a house (in California) and the judgment, was not found in escrow I refinanced last year to pay off bills and again it was not found as I would have added that amount when I refinanced to take care of it. Does my title insurance cover any of this as at this time I cannot afford to refinance again. According to the court records I looked it up and according to the records it was re-filed on April 11, 2000, and it said I was served, although I do not remember.
Thank You for your help.
Pam

Cvillecpm · Oct 12, 2006, 06:33 AM

Originally Posted by Pam93022

TITLE INSURANCE
Back in 1990 I had a judgment place against me and it was renewed in 2000 and a writ filed in 2000 and at the time I was on aid with my two small children and filed a claim of exemption which I was granted. I completely forgot about it and did not hear from them until last week. I recently purchased a house (in California) and the judgment, was not found in escrow I refinanced last year to pay off bills and again it was not found as I would have added that amount when I refinanced to take care of it. Does my title insurance cover any of this as at this time I cannot afford to refinance again. According to the court records I looked it up and according to the records it was re-filed on April 11, 2000, and it said I was served, although I do not remember.
Thank You for your help.
Pam

Probably not - you need to have paid the judgement and should alert any any subsequent lender to contact the judgement creditor to get the proper payoff amount.

ScottGem · Oct 12, 2006, 06:40 AM

A judgement would not show up in a title search unless a lien was placed on the property. The lien couldn't have been placed before you bought the house so the only time it MIGHT have shown up was refinance. If the lien was placed prior to the refinance, then you would have a case against the title insurer.

But it sounds like you have a judgement, not a lien. A judgement will show up in a credit report, not a title search.

I assume the exception you were granted prevented the creditor from attaching your aid payments which I assume was your only income. Now you apparently are back on your feet (congratulations!). The creditor can now attempt to garnish your salary or attach and bank accounts you might have.

I would approach the creditor with a settlement offer.