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CalAttorney2, Lawyer
Category: Real Estate Law
Satisfied Customers: 10244
Experience:  I am a civil litigation attorney with experience representing HOAs, homeowners, businesses and others in real estate matters.
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My husband walked away from an underwater mortgage years

Customer Question

My husband walked away from an underwater mortgage years ago. He then moved into my building where we have been living for many years. We just applied for a new apartment and there was a flag on his report for a "court eviction" of $6000. We need legal advice about this matter
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  CalAttorney2 replied 1 year ago.

Dear Customer,

You will want to pull the court records associated with the eviction.

What happens if a homeowner "walks away" from a home that is underwater - without making any arrangements or reaching a settlement with the lender - is that the lender will have to do a foreclosure on the house, sell the property, and finally perform an eviction of the property (even if there is nobody living there) in order to transfer possession to the new owner.

But it is important for you to get the actual documents associated with the eviction that is being "flagged" on your husband's record to see what is associated with it - these documents will be lodged with the clerk of the court in the county where the property was located. If you cannot travel there yourself, contact a process server there, and ask them to recover those documents for you - they will do so for a small fee.

if there is still an outstanding debt based on your research and confirmation, your husband will want to consider trying to settle that debt with the creditor - judgments can be enforced for a long time (10 years in Minn, and renewed for 10 years after that), so it is important to deal with these.

Customer: replied 1 year ago.
once the debt is paid, will the "eviction" still be on his record?
Customer: replied 1 year ago.
The judgement and order paperwork that we have from the court states that the plaintiff is entitled to the recovery of the property and and filing and service fees - Would I be correct to assume that the amount listed on the court eviction reflects those filing and service fees? How do we know who to pay. Once we pay, will the eviction come off of his record?
Expert:  CalAttorney2 replied 1 year ago.

Yes, the judgment is still on record - but it will be listed as "satisfied" - if you are trying to get a loan, such as a mortgage, the lender is primarily concerned with whether or not he owes the plaintiff, as opposed to an "eviction."

The paperwork should have identified the name of the plaintiff (or their attorney) - that is the person/entity to contact regarding "satisfying the judgment" - you should be able to negotiate the amount owed.