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[stilen621]

What is the name of your state (only U.S. law)? Oregon
My lovely brother has a "entry of judgement" ( I guess thats what they call it ?) against me for $13,000. I`ve tried refinancing my house to pay him off and get him out of my life. But I couldn`t refinance due to values /equity etc.. He`s supposedly taking me back to court again to do something, I don`t know what. He`s sent me an email saying he`s going to take my house. Can he do such a thing ? I know this question is very vague but it`s all the info I have at this time. I asked a lawyer about this awhile back and he says if you havent been served with anything then don`t worry. But I can`t help but worry. Thanks for any info you have.

 

[HomeGuru]

What is the name of your state (only U.S. law)? Oregon
My lovely brother has a "entry of judgement" ( I guess thats what they call it ?) against me for $13,000. I`ve tried refinancing my house to pay him off and get him out of my life. But I couldn`t refinance due to values /equity etc.. He`s supposedly taking me back to court again to do something, I don`t know what. He`s sent me an email saying he`s going to take my house. Can he do such a thing ? I know this question is very vague but it`s all the info I have at this time. I asked a lawyer about this awhile back and he says if you havent been served with anything then don`t worry. But I can`t help but worry. Thanks for any info you have.

**A: you need to find out if there is a judgement lien recorded against the property. If so, brother can take steps to foreclose on the property. You have not told us the whole story.

 

[stilen621]

As far as I know there is no judgement lien on the property. Basically he took me to arbitration last year and won a $2,500 judgement plus I had to pay atty fees which were around $10,000 plus late interest fees which all said totals around $13,000. I owe $59K to the mortgage co. And have a promissary note to our family trust for $188K that isnt due until dispersment of funds after moms death and it is in 2nd position right now. He took my mom from me and put her back east with him and had her change the POA into his name after she was found to be incompetent by two doctors. I tried to refinance the house late last year to pay him off .But he would not/will not let me talk to my mom to let her know whats going on. And wouldn`t subodinate the loan to allow the refinance to go thru. My lawyer is saying the POA is no good because of her incompetence. And the POA that was drawn up back east was not valid also because the lawyer/notary didn`t document it correctly. This whole thing is a mess because of my evil brother. Everytime I do what I`m told I get screwed somehow or another. If I can provide any more info please let me know. I cant even fight him because first off I have no money because of this disaster and second I don`t even know where my mom is because he wont tell me that either. I am presently trying to sell my car to pay him off and just make the SOB go away.

Also, I just don`t understand how its legal for someone to forclose on a $275k house because I owe him $13,000 and tried to pay him but he refused. I just don`t get it

 

[HomeGuru]

As far as I know there is no judgement lien on the property. Basically he took me to arbitration last year and won a $2,500 judgement plus I had to pay atty fees which were around $10,000 plus late interest fees which all said totals around $13,000. I owe $59K to the mortgage co. And have a promissary note to our family trust for $188K that isnt due until dispersment of funds after moms death and it is in 2nd position right now. He took my mom from me and put her back east with him and had her change the POA into his name after she was found to be incompetent by two doctors. I tried to refinance the house late last year to pay him off .But he would not/will not let me talk to my mom to let her know whats going on. And wouldn`t subodinate the loan to allow the refinance to go thru. My lawyer is saying the POA is no good because of her incompetence. And the POA that was drawn up back east was not valid also because the lawyer/notary didn`t document it correctly. This whole thing is a mess because of my evil brother. Everytime I do what I`m told I get screwed somehow or another. If I can provide any more info please let me know. I cant even fight him because first off I have no money because of this disaster and second I don`t even know where my mom is because he wont tell me that either. I am presently trying to sell my car to pay him off and just make the SOB go away.

**A: No comment.


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Also, I just don`t understand how its legal for someone to forclose on a $275k house because I owe him $13,000 and tried to pay him but he refused. I just don`t get it

**A: that's because you do not know the law. If the property was worth a million $$$, someone with a judgement lien of $500 would have the right to foreclose on the property.

 

[stilen621]

Your right, I don`t know the law and that`s why I am asking. You asked me to see if there was a judgement lien on the house and I went to the counties site and looked and did not see one. You also said I wasn`t telling you the whole story and I tried to give you as much info as I could. I don`t know what else to say ?

 

[HomeGuru]

Your right, I don`t know the law and that`s why I am asking. You asked me to see if there was a judgement lien on the house and I went to the counties site and looked and did not see one. You also said I wasn`t telling you the whole story and I tried to give you as much info as I could. I don`t know what else to say ?

**A: ok, then good luck.

 

[stilen621]

So, I give info, you say you need more info, so I give all the info I have. I say I dont understand the law which is the reason I asked in the first place, you put me down and say "good luck " Simply genious !

 

[HomeGuru]

So, I give info, you say you need more info, so I give all the info I have. I say I dont understand the law which is the reason I asked in the first place, you put me down and say "good luck " Simply genious !

**A: ok, then what other information do you need? You owe the money and the court already adjudicated.

 

[drewguy]

If he has a judgement against you, and is able to obtain a lien on your house, then he can foreclose on it. It doesn't mean he "gets" your house, though. He gets his money, and other creditors get theirs, and whatever is left you get. If the mortgage is superior to his lien, and there's not enough money to go around, then he might not get the full amount.

 

[stilen621]

Thanks for your reply. I know I owe the money. My question was, can he take my house because of that fact. You asked if he had a judgement lien against the house and I looked at the counties website and did not see one. So that leads me back to my question about the house and whether he can take it or not. I`m sorry if my legal experience is lacking and that is why I`m asking a fair question. If I knew what was going on I would not be asking. I was also wondering , and I know that no one has a crystal ball.. what might his next steps be? and what I should be looking towards as far as that goes. Isn`t family just grand.

 

[stilen621]

Thank you Drewguy, that clarifies things a bit more for me. I don`t know if it`s true or not but I was told that if he was to file a lien on the house that he would get his money if I ever went to sell it because it would have to clear title. ? As I stated before, I owe him the money, I tried to pay him the money by refinancing but he held that up. he gets off by trying to make my life miserable, and sad to say it`s working. If I had the money I would pay him in a heartbeat but I just don`t have it!

 

[HomeGuru]

Thank you Drewguy, that clarifies things a bit more for me. I don`t know if it`s true or not but I was told that if he was to file a lien on the house that he would get his money if I ever went to sell it because it would have to clear title. ? As I stated before, I owe him the money, I tried to pay him the money by refinancing but he held that up. he gets off by trying to make my life miserable, and sad to say it`s working. If I had the money I would pay him in a heartbeat but I just don`t have it!

**A: he would have two options. Wait until you sell or refinance or move to foreclose.

 

[stilen621]

Thank you HG, what would be involved cost and timewise for him to do this "move to foreclose" thing ? can I fight him on it ? other than paying him which I`ve tried to do. Are there any other options I might be able to fight back with ?I am not putting anything past this scumbag.

 

[HomeGuru]

Thank you HG, what would be involved cost and timewise for him to do this "move to foreclose" thing ?

**A: around $2500 in legal fees and court costs and say 3-6 months.

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can I fight him on it ?

**A: yes, but you have no defense.


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other than paying him which I`ve tried to do. Are there any other options I might be able to fight back with ?I am not putting anything past this scumbag.

**A: hire a scumbag attorney that knows how to deal with people of the same character.

 

[stilen621]

ok, this will probably sound stupid but. I found out that he tried to take me to court twice for a judgement debtors exam or something to that effect. I was out of town each time he supposedly tried to have served the papers to appear in court. I was out of state working both times and did not find out till after the court dates. The atty told me that I have to be served papers first before anything is actually done in court. If that is in fact true would that buy me just a little more time ?I am definetly not trying to put anything off. I`m just curious because I am trying to sell my car, if I can sell it I will have the $ to pay him and make him go away. Thanks again HG