Can I Vacate a Judgement of Foreclosure

[lucinda74]

My ex-husband and I had a home in Pennsylvania which was foreclosed upon in 2001 as a result of the divorce. I was never listed on the mortgage. I was not involved in obtaining the loan and the bank wouldn't even talk to me when I tried to call them because the loan was only in his name. In fact, the mortgage itself has never appeared on my credit report but the udgement was entered against both of us and does appear. I recently contacted the bank and they confirmed in writing that the mortgage note was in the ex's name only and that my credit report should not be affected. However, the judgement remains. Is this letter sufficient to have the judgement vacated? If so, how do I proceed? If not, is there anything I can do? Any help would be greatly appreciated!!

 

[seniorjudge]

My ex-husband and I had a home in Pennsylvania which was foreclosed upon in 2001 as a result of the divorce. I was never listed on the mortgage. I was not involved in obtaining the loan and the bank wouldn't even talk to me when I tried to call them because the loan was only in his name. In fact, the mortgage itself has never appeared on my credit report but the udgement was entered against both of us and does appear. I recently contacted the bank and they confirmed in writing that the mortgage note was in the ex's name only and that my credit report should not be affected. However, the judgement remains. Is this letter sufficient to have the judgement vacated? If so, how do I proceed? If not, is there anything I can do? Any help would be greatly appreciated!!

Q: Is this letter sufficient to have the judgement vacated?

A: You need to file a motion to have the judgment vacated against you. The court will have a hearing and the creditor will be given a chance to tell its side. Getting a judgment vacated is, of course, very hard. The court will want to know why you never contested it in the first place.