Posted on: 24th Feb, 2009 07:04 pm
we found out my wife had a default judgment awarded to a collector in feb 2008 and they just executed a earnings withholding order the past month, which she received from the marshal's office, via certified mail
will this result in the judgment or a lien being attached to our title here in ny? (mortgage is in my name only but both our names are on the deed)
she has sent a certified letter to the collector's attorney to validate debt...is this too late to do so, especially since we never received a summons to appear in court, and getting the ewo is the first time we ever heard from the collector or their attorney.
i'm currently trying to do a re-fi of our current mortgage and also wanted to do a quit claim deed to take my wife off of the title, will the default judgment cause problems with the re-fi (wether it be from the lender/investor or title company) and with the quit claim deed?
i've posted something similar under deeds specifically in regards to being able to do a quit claim deed.
should i not wait for the collector's attorney to respond to our validation of debt letter but go right to filing a order to show cause and vacate the default judgment since my wife was never properly served? she has yet to have any wages garnished.
should i also continue and try to file the quit claim deed?
thanks,
will this result in the judgment or a lien being attached to our title here in ny? (mortgage is in my name only but both our names are on the deed)
she has sent a certified letter to the collector's attorney to validate debt...is this too late to do so, especially since we never received a summons to appear in court, and getting the ewo is the first time we ever heard from the collector or their attorney.
i'm currently trying to do a re-fi of our current mortgage and also wanted to do a quit claim deed to take my wife off of the title, will the default judgment cause problems with the re-fi (wether it be from the lender/investor or title company) and with the quit claim deed?
i've posted something similar under deeds specifically in regards to being able to do a quit claim deed.
should i not wait for the collector's attorney to respond to our validation of debt letter but go right to filing a order to show cause and vacate the default judgment since my wife was never properly served? she has yet to have any wages garnished.
should i also continue and try to file the quit claim deed?
thanks,
Hi mustang,
This issue has already been discussed in the following page:
http://www.mortgagefit.com/quitclaim/refinance-judgment.html
Thanks,
Jerry
This issue has already been discussed in the following page:
http://www.mortgagefit.com/quitclaim/refinance-judgment.html
Thanks,
Jerry