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CitiFinancial / OneMain judgment still on file may go to AP Hearing

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    CitiFinancial / OneMain judgment still on file may go to AP Hearing

    Been trying to get to the bottom of this issue and spoke to my attorney about a judgment that was still being enforced on my current home title. The lien was removed but the judgment still stayed with the 2nd mortgage. Unsecured was paid in full. Attorney said that since Citi forgave the 2d mortgage they should have lifted the judgment. Any possibility that this may become an AP Hearing and delay my discharge? Got a home closing 23 June.

    #2
    An AP would not change a discharge since the discharge comes after 60 days elapse from the first scheduled 341 Meeting. If you are having title issues, you and your attorney may want to schedule an emergency hearing (if allowed) to address this issue. Forgive me as I'm not up to speed on where you are in the process, but unless you are past the discharge date it may be difficult to seek a court order to enforce the discharge.

    I think that you "just" received your discharge only days ago (not even a week?). It would be difficult to get any judge to enforce the discharge when it just happened (and creditors are probably just getting their notices that the discharge was entered).

    Your best recourse is to work with the creditor.
    Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
    Status: (Auto) Discharged and Closed! 5/10
    Visit My BKForum Blog: justbroke's Blog


    I am not an attorney. Any advice provided is not legal advice.

    Comment


      #3
      Originally posted by justbroke View Post
      An AP would not change a discharge since the discharge comes after 60 days elapse from the first scheduled 341 Meeting. If you are having title issues, you and your attorney may want to schedule an emergency hearing (if allowed) to address this issue. Forgive me as I'm not up to speed on where you are in the process, but unless you are past the discharge date it may be difficult to seek a court order to enforce the discharge.

      I think that you "just" received your discharge only days ago (not even a week?). It would be difficult to get any judge to enforce the discharge when it just happened (and creditors are probably just getting their notices that the discharge was entered).

      Your best recourse is to work with the creditor.
      Thank you JB! I was able to look at the original judgment and discovered that the attorney's information was on the front of the summons......dah.....

      So, I contacted his office today and presented all of the documentation that I received in March 2016 from CitiFinancial forgiving the debt on the 2nd mortgage along with the 1099C. I also attached the original CH13 filing with related schedules and screen shots from the NDC site to show that the unsecured portion was also satisfied and paid in full.

      Hopefully, I can get this resolved in order to get to my new home closing about 10 days after the discharge. The lender has been great and the Title Company has moved forward with their investigations showing what is being done to resolve this issue on this. Not selling this home, just renting it to our College Daughter, but I'm certain that the investor that would take this loan wants to know that I am a viable credit risk even if the Veterans Administration has skin in the game.

      I'll keep everyone updated on my adventure!

      Have a Safe Memorial Day Weekend! Remember, this weekend is about those who paid the ultimate sacrifice so we could enjoy our Freedoms!

      Comment


        #4
        We will never forget your sacrifice. Thank you again.

        I hope that your diligent work with the judgment creditor proves fruitful!
        Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
        Status: (Auto) Discharged and Closed! 5/10
        Visit My BKForum Blog: justbroke's Blog


        I am not an attorney. Any advice provided is not legal advice.

        Comment

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