Understanding Judgments in the Mortgage Process:
What is a Judgment?
A judgment is a court order which results from a creditor or another party filing a legal claim against you, for unpaid debts. Common reasons for judgments include unpaid credit card balances, medical bills, or defaulting on loans. Once issued, a judgment becomes a lien against your assets—including your property.
Why Do Judgments Matter in Mortgage Lending?
It is a requirement to have clear title/ownership before closing on a mortgage loan. A judgment can get in the way of clear ownership, meaning the creditor who obtained the judgment has a legal claim to part of the proceeds if the property is sold. This creates risk for the mortgage lender, as they want assurance that their loan is secured by a property with no conflicting claims.
<>How to Handle a Judgment Before Closing<>
- Work with Your Mortgage Professional: Your loan officer can guide you through the process and help ensure the judgment is cleared in time for closing.
- Negotiate if Possible: Sometimes, creditors may accept a lower lump-sum payment to settle the judgment.
- Obtain a Payoff Statement: Contact the creditor to get a payoff letter detailing the exact amount owed.
- Verify Satisfaction: After payment, ensure the judgment is formally released and recorded in public records.
Final Thoughts
There isn't a need to raise the alarms if there is a judgement attached to your name or your property. Addressing them proactively not only improves your chances of mortgage approval but also ensures a smoother closing process.
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