Trying to refinance our house and there is a judgment against my husband who had filed bankruptcy?

Ezekiel
When my husband and I got together and bought a house, his brother and wife were going to rent his trailer home that he had in a trailer park. After we bought the house, his brother didn't make good on his part and we were left paying two mortgages. This among other things led to him filing bankruptcy. During the bankruptcy process (after filing the paperwork), we received a letter from the company who he paid lot rent to for his trailer home, stating they were taking him to court for the lot rent due. His Lawyer said that it would automatically be taken care of in the bankruptcy and not to worry about it that she (the Lawyer), would take care of it. Now it's about four years later, we're wanting to refinance our house from an ARM to a Fixed rate, and saw that on my husbands credit report that there is a Judgment against him for $500 thru the Court System from the company who he was paying lot rent to. We are wanting to go ahead and make good on that since it's obvious that our Lawyer

Ara
I have been through this myself. What you need to do is get a hold of your credit reporting agencies( all 3 of them) and dispute the parks claim. Bankruptcy was filed. Period. All creditors were contacted. They had their chance to dispute it in court. Unfortunately, if they were not named in the bankruptcy you may be up a creek. Im not an expert, but I think you have a chance at beating this. Best of luck

Catharine
Sounds like a bad "business" decision on someones' part.

Adriene
Was the lot rent actually discharged in the bankruptcy? Look at your final discharge to see. If so, you might consider showing this to BofA (who I understand is your prospective lender) to show that you are no longer legally obligated for this debt. Even then, BofA might not consider you a good risk. In that case, you might consider paying the judgment. The $500 spent might be worth it if your refinance will save you significant money.Another option is to file a bar complaint against your attorney and submit a claim for $500 to the state bar's fund to reimburse clients for attorney errors. Before you consider that option, tho, check the bankruptcy discharge. If it discharges the lot rent, it's unlikely the bar assn will pay your claim because your attorney did nothing wrong.

Elia
About your only recourse would involve suing the lawyer for failing to get the automatic stay of the proceedings and to preclude the judgment. That would be malpractice. The damages would stem from the higher interest rate. However, I suspect that the real problem is the bankruptcy, not the judgment. You can pay the judgment by getting a copy of the judgment and sending it and a check (plus interest as allowed in the judgment) to the plaintiff's lawyer or the plaintiff company.

Elmer
Then what's the question? Are you required to? Probably not.

Elvin
Bell...I would take this issue back to the Attorney and have Him/Her take care of it...there is more than likely some legal wrangling that can be done to handle this since it began as a legal issue...give it a shot and see what the Attorney says and/or can do...it may have been an honest over-sight.Good Luck Hun!