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  #1  
Old 12-01-2008, 03:08 PM
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Location: Oregon
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Question

Refinancing before Child Support Judgment Lien


What is the name of your state (only U.S. law)? Oregon

Hello,

I'm in the midst of refinancing my home and have already been pre-qualified. My appraisal should be completed this week and from there, it will go to the title company. I have decent credit and am current on my mortgage (never missed a payment or have been late.) I also have more than 50% equity in my home. I'm rolling into the first mortgage my equity line and three major CC's, which will be paid off at closing. After closing (assuming I do), I'll only have a mortgage payment outgoing each month, which will only be $80 more per month than I'm paying now! This frees up the rest of my cash so that I'll be able to make child support payments.

My question is: Will anything relating to my open custody modification be exposed during the title search? I was recently at the county records department and nothing appears under my name. A supplemental judgment was recently entered, but no judgment lien was ordered at that time.

I'm concerned that something might go wrong with my loan if the lender sees I may be ordered to pay child support. The whole reason I'm refinancing now is so that I WILL be able to make both my mortgage payments and my child support payments. if this loan doesn't go through (which it should, as long as THIS doesn't show up), I'm in deep doo-doo!

Thanks for your help!What is the name of your state (only U.S. law)?
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  #2  
Old 12-01-2008, 04:46 PM
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They will search for judgments under your name and believe me that will delay or kill your refi. Had that problem when a couple of judgments for people with similar names showed up in a search prior to closing on one house. Had to attest that those weren't any of the parties involved (one was one of the sellers, and one was one of the purchasers).
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  #3  
Old 12-01-2008, 05:11 PM
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Location: Oregon
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Quote:
Originally Posted by FlyingRon View Post
They will search for judgments under your name and believe me that will delay or kill your refi. Had that problem when a couple of judgments for people with similar names showed up in a search prior to closing on one house. Had to attest that those weren't any of the parties involved (one was one of the sellers, and one was one of the purchasers).

As I said - there is a judgment, but nothing that effects my credit report. Also - my credit report has already been run and I've reviewed it. I don't have any other judgments, other than this supplemental parenting time judgment.

I was just wondering if a judgment of this kind would appear during a title search since no lien has been filed against me at this time.
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  #4  
Old 12-01-2008, 06:58 PM
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It won't show up on the title. It won't show up on the credit search. The bank may search specifically for judgments (it's easy to do so with so many people indexing court records).
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  #5  
Old 12-02-2008, 03:19 AM
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Join Date: Aug 2008
Location: Oregon
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Quote:
Originally Posted by FlyingRon View Post
It won't show up on the title. It won't show up on the credit search. The bank may search specifically for judgments (it's easy to do so with so many people indexing court records).
I suppose... but given it's only a parenting time supplemental judgment, there's really no way of the bank knowing there's a potential lien - is there? The judgment has no dollar amount attached, so hopefully - I'm safe :|

I am probably just worrying too much. I'm refinancing with my current lender and have been in good standing all along. I'll cross my fingers that someone from above smiles on me now... just a little
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