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will a mortage company give you a 1st mortgage if there is a credit card judgement on it.if so do they drop in line from 1st to second.my problem is in 1997 i had a chapt 7.since then i have built my credit,refinanbced 3 times.doing the refinance thing again,have tons of credit.went to a mortgage broker who financed me twice in last 4 years,all of a sudden they found a lean on my house from1991.no other company ever saw this or said anything.we know this debt was discharged in 1991.i dont get it is this a mistake or would my other mortage companies take a 1st mortgage with a lein holder before them.anyway if this isnt a mistake i will get my records and have it corrected NO company would do a 1st mortgage behind a bad debt. That wouldn't be a first it would then be a second. If you have the schedule b and the discharge of debtors you can get it off there, but generally a lien cannot be placed on your home without your consent. What does the title report reveal? There are exceptions but those are usually a tax lien (IRS State or Property) your HOA or a construction lien. For a construction lien they would have to prove that the funds were used to build the home, purchase the home or that the work paid for with the cc was completed on the home and therefore is collateralized by the home. The title company can get you copies of the full lien of record and it will show exactly who put it there. It could also be that the company waited until the 10 years since discharge had passed and are now trying to force you to pay it. It may be an administrative error where the lien wasn't properly deleted. If there was a 1991 lien, your title insurance should have identified it when you bought or refinanced. |
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