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RealEstateAnswer, Lawyer
Category: Real Estate Law
Satisfied Customers: 28062
Experience:  10+ years in handling Leases, Landlord-Tenant, Foreclosures,Mortgages, and Eviction cases
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We are closing on our home in 3-4 weeks (selling) and

Customer Question

We are closing on our home in 3-4 weeks (selling) and closing on another home (buying) the same day. Over 3 years ago we filed bankruptcy and that was closed. We have only owned our home now 1 year to find out 2 judgements that were included in our bankruptcy (over 3 yrs ago)are on my husband's public record. Our attorney is writing us a letter for the lender and sending paperwork to turn into court house to clear this. We are so worried because a family already had begun the moving process, etc and gave notice to landlord. We we still be able to close?
Submitted: 11 months ago.
Category: Real Estate Law
Expert:  RealEstateAnswer replied 11 months ago.

Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help with your question and concern

Expert:  RealEstateAnswer replied 11 months ago.

Is your lender away of this? I ask because on your mortgage application, you likely were asked to disclose this and if so, what has your broker advised you of?

Customer: replied 11 months ago.
they are aware. I told them we will have letter from lawyer stating that they included 3 years ago in bankruptcy. I was just worried title company would hold things up. They were small judgements and we weren't aware they were even on our county record.
Expert:  RealEstateAnswer replied 11 months ago.

Thank you. It is possible that they may need to be satisfied or cured, for you to close. Ideally, your attorney will be able to get this taken care of with the court because until that is done, the lender may not be willing to close, unless you were to pay them off and satisfy them. Your broker should be in contact with underwriting, who can advise them if this will be an issue, so you can still stay on track to close. I say this because your attorney may need to set this for hearing with the court and depending on the docket, could take some time. If so, you also want to get the seller to agree to extend the closing date, to allow you more time and it will place them on notice as well, to limit any additional costs.