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Limitless Homestead and Reverse Mortgage and Judgements

Submitted by on Fri, 01/02/2009 - 06:31
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We had Identity theft in 2003, filed all with FTC, SS, Local Police, then with Credit Bureau. Some credit card agencys slipped by us and received Judgement using incorrect information. One was notorious for going to court and getting Judgements after statue of limitations, 3 years in our state. Then they put 25 per-cent interest in the document and went back retro to the year it was issued. Card limit started at 5000k
Judgement in August, 08 for 6100.00 dollars and 25% interest etc. In December this year 2008 amount was up to 14,000 dollars, when i called about it attorney firm said Judges fault he approved it.

Reverse Mortgage not suppose to check your credit as a requirement to get a loan, BUT underwriters of company will not approve unless you pay the Judgement, filed right or wrong.

Question have brought title up to date, live in Oklahoma, Should not have any mention of Judgement on my home, Right or wrong?

If a Judgement has to abide by Limitless homestead exemption then what is the problem, no lien on my property???

What or how can this happen and what is my recourse. The law exists I know that, but underwriters will not acknowledge???

Helpless


The firm that presented has multiple complaints filed againest them for filing after SOL has past. They say if Judge approved it to bad.

I have had a Judgement vacated before. What are the chances of having this one vacated siting FTC Fair Credit act violations?

State of Oklahoma DBA sole proprietor of business had loans Accounts Receivable. Came back filed Judgement in court but not on my property. Sold property thru same bank to an investor of theirs. Now 10 years later they renewed the Judgement, I have remarried, filed on myself and my new Husbands property, since he put me on title. Recourse?? Renewal of Judgements??
Statue of limitations bank loans business??

Help trying to get a reverse mortgage, Live in limitless state Oklahoma, underwriters see it as an invisible law, want me to pay before loan,,does this mean the law is not valid???

Help Cajun


Submitted by on Fri, 01/02/2009 - 06:44

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hi Jane--

ok, first things first. you said that some judgments were slipped past you. Were you served summons for those judgments? When the creditor first filed suit were you served the summons for the case? if not, then you have your way to get rid of this. Law requires that you be served summons with apprpriate amount of time to answer the complaint against you. If you were never served, you can file an order to show cause with the court and request that the judgment be vacated due to improper service. If i am understanding you properly, youre saying that these debts were past the SOL when they originally filed the suit? If thats the case I would state in the request to vacate that the debts are past the statute of limitations and had you known about the lawsuit filed against you, that would have been your defense and the case would have been dismissed entirely.


Submitted by skydivr7673 on Fri, 01/02/2009 - 13:09

skydivr7673

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We were not served. When i asked about the proof that I was served my Attorney told me that if it was a process server, that they only require the process server to sign a form that he delivered.

Also that no proof of our signature was required. Doe not sound legal and right. Does the legal system allow the signature of a process server to represent that the person was actually served?

Yes they were past the SOL, in addition they asked for Post and pre interest of 25%. Everyone knows you miss one payment your
interest rate reverts to the highest amount of interest, so during the time before court date they charged 25% interest.

Then in court asked for another 25 per cent on top of that with the post and pre request.

They also exceeded Usery laws in Oklahoma, maybe i am stupid but if the law says on Judgements in 2008 that interest rates on Judgements can not exceed that amount then how can they go to court and be awarded that amount by the Judge....Should I put this in my motion to vacate?????

Jane


Submitted by mejane12006 on Tue, 02/03/2009 - 16:18

mejane12006

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