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Ely
Ely, Counselor at Law
Category: Legal
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Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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I asked a question about The DOJ Financial Litigation Units

Resolved Question:

I asked a question about The DOJ Financial Litigation Unit's lien against my home while trying to obtain a Reverse Mortgage the other day. I have several more questions I would like to ask as well. First, How long does the judgement ordered stay in effect? Is it for 10, 20 years or until I die? Second how willing are the Financial Litigation Unit's officials to work with individuals like myself needing to do structural integrity repairs through the Reverse Mortgage. Third, I have nothing of value other than my home and my payments are only $100.00. The judgement is for about $1,000,000. How likely are they to initiate foreclosure against my home in the future if ever. Is there a legal remedy to fighting them over my home and getting the permission to make the loan and do the repairs. The law is the law, but it is not morally right. I am retirement age and have no other way of accomplishing my repairs and paying other debts such as an old student loan and child support.
Submitted: 6 months ago.
Category: Legal
Expert:  Ely replied 6 months ago.
Hello friend. My name is XXXXX XXXXX welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight delay between your follow ups and my replies.

I am very sorry for your situation. Please allow me to answer your questions each in turn.

First, How long does the judgement ordered stay in effect? Is it for 10, 20 years or until I die?

A restitution order is enforceable for a minimum of (20) years, which means the lien is, too. At the end of 20 years, the lien may be renewed again by the Unit.

Second how willing are the Financial Litigation Unit's officials to work with individuals like myself needing to do structural integrity repairs through the Reverse Mortgage.

I am afraid not very willing most of the time. While they may work on payment plans, they are unlikely to take off any amount from the amount originally stated as owed as restitution.

Third, I have nothing of value other than my home and my payments are only $100.00. The judgement is for about $1,000,000. How likely are they to initiate foreclosure against my home in the future if ever.

Not likely. While restitution may be enforced, the home itself is still homestead and cannot be taken away in most cases unless directly tied into the money gained illicitly. As such, the home is protected by homestead in most cases.

Is there a legal remedy to fighting them over my home and getting the permission to make the loan and do the repairs.

I am afraid that one has few options. Aside from filing for bankruptcy (the Unit may then attempt to become a creditor in the bankruptcy), there is really little to be done to get rid of the lien or the restitution order. I am very sorry.

...they have been known to foreclose on homesteads by people who have these judgements.

This is true, however, it goes on a case by case basis and relies on how the home was purchased (illegal money?), status of homestead, which kind of bankruptcy is filed, under state or federal law, etc. It does not mean they would be successful in their attempt to foreclose in every case.

Please note: I aim to give you genuine information and not necessarily to tell you only what you wish to hear. Please, rate me on the quality of my information and do not punish me for my honesty. I understand that hearing things less than optimal is not easy, and I empathize.

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE my answer when we are finished. Kindly rate my answer as one of the top three faces and then submit, as this is how I get credit for my time with you. Rating my answer the bottom two faces does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith. (You may always ask follow ups at no charge after rating.)
Customer: replied 6 months ago.
Thank you for your information and reply. I need to clarify to questions you answered. I am not asking for any restitution to be removed, only that they will allow my title to the house be cleared enough for me to make this loan. I have been told they will allow a lien to be made and put the original judgment back in place. The title company needs this "release" of sorts to issue a title policy. A temporary set aside if you will or maybe called permission to insure this lien in front of the judgement. My home was given to me by my mother and has no ties whatsoever with illegal gains. The home is in severe need of foundation and structural repairs. Would it be possible for them to accept a lump payment of some amount to apply against the outstanding judgment to grant the loan's clearance on the title without removing the judgment of restitution. In otherwords is it likely to get them to accept a payment out of the proceeds to gain their cooperation to allow the loan.
Expert:  Ely replied 6 months ago.
Thank you for your information and reply.

You are very welcome.

I need to clarify to questions you answered.

Sure.

I am not asking for any restitution to be removed, only that they will allow my title to the house be cleared enough for me to make this loan.

They will likely not agree. To do this, they would need to lift the lien. They will not. They have no incentive to do so and regardless of what you tell them, they likely will not. Of course one can ask, but I doubt that they would agree to do this.

have been told they will allow a lien to be made and put the original judgment back in place. The title company needs this "release" of sorts to issue a title policy. A temporary set aside if you will or maybe called permission to insure this lien in front of the judgement.

Right, I understand. Perhaps the only way they would agree to temporarily lift it is if one promises to perhaps make more payment per month/pay cycle for restitution in return and/or if one convinces the Unit that the refinance would lead to this being able to be done.

Would it be possible for them to accept a lump payment of some amount to apply against the outstanding judgment to grant the loan's clearance on the title without removing the judgment of restitution.

See above. It is all subjective in the end, of course.

In otherwords is it likely to get them to accept a payment out of the proceeds to gain their cooperation to allow the loan.

YES, but they would have to agree to this. I am just not optimistic. I'd hate to tell you "yes" and then you be denied. It never hurts to ask and one can via certified letter, but, it is their choice in the end, and at their discretion.

Gentle Reminder: Again, surely you prefer that I be honest in my answer – please remember that rating negatively due to receiving bad news still hurts the expert – it is simply the way that the system is set up. Please use REPLY button to keep chatting, or RATE my answer when we are finished. (You may always ask follow ups free after rating.)
Customer: replied 6 months ago.
I understand about the lien not being able to be lifted, but I have spoken with them and they have confirmed this much to me verbally. They asked me to send them a breakdown of the loan proceeds/uses, which I have done. They said they will consider it, but they also said that they might request a portion of funds to be paid to them to allow the loan to be done.
Expert:  Ely replied 6 months ago.
D,

Okay, we are on the same page. Then someone in your situation may wish to do this, and then also offer in writing a promise that IF this works, then one would provide a $___ amount as lump sum, and that one is willing to sign an agreement in this regards, XXXXX XXXXX binding if the action works.

This may motivate them to agree.

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE and submit your rating when we are finished.
Customer: replied 6 months ago.
If the Financial Litigation Unit does not work with me on this situation, is there an alternative course of action like a lawsuit or action through the ACLU. I mean I am 62 years old, broke and this is the only asset I have. Surely this "law" is immoral in a certain context
Expert:  Ely replied 6 months ago.
I hate to say it, but likely not.

To sue in a state court, one needs to have a "cause of action." There are numerous causes of action, such as "breach of contract," "negligence," "fraud," "unjust enrichment," etc., as well as causes of action rooted in statutory law. Every state has their own although they are very similar to each other in every state because they all stem from the same common law. A pleading in Court needs at least one cause of action, although it is not unusual to have more than one. There are also claims based on constitutional rights.

Here, the law is indeed unethical, but just because it is unethical does not make it illegal per se. I am sorry.

Now, technically one can attempt to state that the USC law that backs the lien and restitution is oppressive and unconstitutional. However, this may be a very hard sell to the Court...
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 85135
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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Expert:  Ely replied 6 months ago.
Thank you for your gratuity.

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