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How to clear a judgment?
If the lender does not understand a bankruptcy discharge's impact on
judgment and you cannot educate them or speak with lender's legal department
(assuming it has one), it is time for your client to find a new lender.... As
the saying goes: "You can't fix stupid!"
Mark T. Jessee
Law Offices of Mark T. Jessee
"A Debt Relief Agency"
50 W. Hillcrest Drive, Suite 200
Thousand Oaks, CA 91360
(805) 497-5868 (805) 497-5864 (Facsimile)
NOTICE TO RECIPIENT: THIS E-MAIL IS MEANT FOR ONLY THE INTENDED RECIPIENTOF THE TRANSMISSION, AND THIS COMMUNICATION IS INTENDED TO BE PRIVILEGED BY
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In a message dated 7/10/2014 7:03:42 P.M. Pacific Daylight Time,
cdcbaa@yahoogroups.com writes:
Thanks, everyone.
The problem actually isn't with the title company or the lien. The order
had the APN and property information. (However, I do appreciate the adviceand discussion.) The problem right now is with the lender and the civil
judgment. They see that she has a judgment against her and won't accept the
discharge. I took Stella's advice and just filed a notice of discharge with
the superior courts and hoping that will do the trick. The creditor can't be
bothered to do a thing right now so asking them to sign an acknowledgmentof satisfaction would likely be a waste of time.
____________________________________
;
To: ;
Subject: RE: [cdcbaa] Re: How to clear a judgment?
Sent: Wed, Jul 9, 2014 4:54:26 PM
As a former title company underwriter, I can tell you that Pat is exactly right. I cant tell you how many times I picked up the phone and heard
about a scenario just like this and then to be told that I was being
unreasonable, etc. Any underwriter worth his or her salt will have a clear idea of
what is needed to move the transaction forward. Sometimes it is the
paperwork that already exists.
Call the person with authority to fix it, and that is never the realtor selling the property. In a worse case scenario, MOVE THE TITLE to a
friendlier title company. All title companies are NOT the same. I have moved
title and gotten the transaction closed quickly. And sometimes just
threatening to move the title work gets it done.
Desiree Causey, Esq.
Law Office of Desiree Causey
17011 Beach Blvd., Suite 900
Huntington Beach, CA 92647
causeylaw@gmail.com
714-375-6663
714-908-7646 (fax)
Any tax advice contained in the body of this e-mail (and any attachments thereto) was not intended or written to be used, and cannot be used, by the
recipient for the purpose of avoiding penalties that may be imposed underthe Internal Revenue Code or applicable state or local tax law provisions.
Privileged And Confidential Communication.
This electronic transmission, and any documents attached hereto, (a) are
protected by the Electronic Communications Privacy Act (18 USC 2510-2521), (b) may contain confidential and/or legally privileged information, and
(c) are for the sole use of the intended recipient named above. If you have
received this electronic message in error, please notify the sender and
delete the electronic message. Any disclosure, copying, distribution, or use
of the contents of the information received in error is strictly prohibited.
Please consider the environment before printing this e-mail.
Sent: Wednesday, July 09, 2014 9:44 AM
To: cdcbaa@yahoogroups.com
Subject: RE: [cdcbaa] Re: How to clear a judgment?
Following up on Sams and Jims comments, the key here is the title
insurer. Whenever you hear escrow needs/requires think title company. Every
real estate transaction, whether it be a refi or a sale, has a title
insurance company involved who says what they require to clear title to the
point where they will insure it. (They will actually insure it with liens,
etc,,but the policy will state that the title is subject to those liens and
people do not want to buy encumbered property.) For a sale there is a lender
lenders
policy.
When these issues come up and there are any complications or
uncertainties, ask escrow who the title company is, the title order number and the name
and contact info for the title officer (if they dont know the title
officer assigned, the order number will get you to the right title officer).
Contact the title officer, explain why you think there is no lien and askthem to tell you exactly what they need. Then send a confirming email. They
will tell you what needs to be recorded. If they say they need a court
order, ask what language they need in the order, I then write the language and
send it to the title officer for approval. Sometimes you may need to goto the next level, which is the title attorney.
If you have any questions or concerns, please contact me.
Pat
Patrick T. Green
Attorney at Law
Fitzgerald & Green
1010 E. Union St. Ste. 206
Pasadena, CA 91106
Tel: 626-449-8433
Fax: 626-449-0565
pat@fitzgreenlaw.com
Sent: Tuesday, July 08, 2014 7:23 PM
To: cdcbaa@yahoogroups.com
Subject: [cdcbaa] Re: How to clear a judgment?
I guess it goes without saying that the motion and/or order should includethe recording information from the judgment lien that was avoided. The
title company handling the close should record the order avoiding lien (and if
necessary a copy of the motion) and issue a lender's policy of title
insurance (without excepting the judgment lien) based on your motion and order.
Once the title company is willing to insure title, the lender should haveno argument.
Sam Benevento
South Bay Bankruptcy Attorney
Sent from my iPad
If the lender does not understand a bankruptcy discharge's impacton judgment and you cannot educate them or speak with lender's legal
department (assuming it has one), it is time for your client to find a newlender.... As the saying goes: "You can't fix stupid!"
Mark T.
JesseeLaw Offices of Mark T. Jessee"A Debt Relief Agency"50 W.Hillcrest Drive, Suite 200Thousand Oaks, CA 91360(805) 497-5868 (805)
497-5864 (Facsimile)NOTICE TO RECIPIENT: THIS E-MAIL IS MEANT FOR ONLY
THE INTENDED RECIPIENT OF THE TRANSMISSION, AND THIS COMMUNICATION IS INTENDED
TO BE PRIVILEGED BY LAW. IF YOU RECEIVED THIS E-MAIL IN ERROR, ANY REVIEW, USE,
DISSEMINATION, DISTRIBUTION, OR COPYING OF THIS E-MAIL IS STRICTLY PROHIBITED.
PLEASE NOTIFY US IMMEDIATELY OF THE ERROR BY RETURN E-MAIL AND PLEASE DELETE
THIS MESSAGE FROM YOUR SYSTEM. THANK YOU IN ADVANCE FOR YOUR COOPERATION.
In a message dated 7/10/2014 7:03:42 P.M. Pacific Daylight Time,
cdcbaa@yahoogroups.com writes:
Thanks, everyone. The problem actually isn't with the title
company or the lien. The order had the APN and property information.
(However, I do appreciate the advice and discussion.) The problem right
now is with the lender and the civil judgment. They see that she has a
judgment against her and won't accept the discharge. I took Stella's
advice and just filed a notice of discharge with the superior courts and
hoping that will do the trick. The creditor can't be bothered to do a
thing right now so asking them to sign an acknowledgment of satisfaction
would likely be a waste of time.
From: 'Desiree Causey'
causeylaw@gmail.com [cdcbaa] <cdcbaa@yahoogroups.com>; To: <cdcbaa@yahoogroups.com>;
Subject: RE: [cdcbaa] Re:
How to clear a judgment? Sent:
Wed, Jul 9, 2014 4:54:26 PM
As a
former title company underwriter, I can tell you that Pat is exactly
right. I cant tell you how many times I picked up the phone and
heard about a scenario just like this and then to be told that I was
being unreasonable, etc. Any underwriter worth his or her salt
will have a clear idea of what is needed to move the transaction
forward. Sometimes it is the paperwork that already exists.
Call
the person with authority to fix it, and that is never the realtor selling the property. In a worse case scenario, MOVE THE TITLE to
a friendlier title company. All title companies are NOT the
same. I have moved title and gotten the transaction closed
quickly. And sometimes just threatening to move the title work
gets it done.
Desiree
Causey, Esq.
Law
Office of Desiree Causey
17011
Beach Blvd., Suite 900
Huntington Beach, CA
92647
causeylaw@gmail.com
714-375-6663
714-908-7646 (fax)
Any tax
advice contained in the body of this e-mail (and any attachments
thereto) was not intended or written to be used, and cannot be used, by
the recipient for the purpose of avoiding penalties that may be imposed
under the Internal Revenue Code or applicable state or local tax law
provisions.Privileged And Confidential
Communication.This electronic transmission, and any
documents attached hereto, (a) are protected by the Electronic
Communications Privacy Act (18 USC 2510-2521), (b) may contain
confidential and/or legally privileged information, and (c) are for the
sole use of the intended recipient named above. If you have received
this electronic message in error, please notify the sender and delete
the electronic message. Any disclosure, copying, distribution, or use of
the contents of the information received in error is strictly
prohibited.Please consider the environment
before printing this e-mail.
From:
cdcbaa@yahoogroups.com [mailto:cdcbaa@yahoogroups.com] Sent: Wednesday, July 09, 2014 9:44 AMTo: cdcbaa@yahoogroups.comSubject: RE: [cdcbaa] Re: How to clear a
judgment?
Following up on Sam comments, the key here is the title insurer. Whenever you hear
escrow needs/requires think title company. Every real estate
transaction, whether it be a refi or a sale, has a title insurance company involved who says what they require to clear title to the point
where they will insure it. (They will actually insure it with liens, etc,,but the policy will state that the title is subject to those
liens and people do not want to buy encumbered property.) For a
sale there is a lenders policy and a buyers policy; for a refi there
is only a lenders policy.
When
these issues come up and there are any complications or uncertainties,
ask escrow who the title company is, the title order number and
the name and contact info for the title officer (if they don know the title officer assigned, the order number will get you to the
right title officer). Contact the title officer, explain why you
think there is no lien and ask them to tell you exactly what they
need. Then send a confirming email. They will tell you what needs
to be recorded. If they say they need a court order, ask what language they need in the order, I then write the language and
send it to the title officer for approval. Sometimes you may need
to go to the next level, which is the title attorney.
If you
have any questions or concerns, please contact me.
Pat
Patrick
T. Green
Attorney at Law
Fitzgerald &
Green
1010 E.
Union St. Ste. 206
Pasadena, CA 91106
Tel:
626-449-8433
Fax:
626-449-0565
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