Last Minute Default Judgment
Location: Jefferson Parish, LA
Allegedly, I had a credit line of $10,000 when I was 18. I have lived at the same address my entire life. Fast forward 15 years later. I have two children and their mother who I support. There is a home we entered a lease to own agreement on. The realtor, mortgage company, and title company are all working for the property owners. They supposedly did a background check and due diligence for us to move into the home. The agreement was for one year, this was intended to help me build my credit score and work history to qualify for an FHA loan. Every penny toward the home, $1700 a month, would be put towards the principal on the home. The home owner was a nervous person. She was adamant to finish the deal. Every month for 6 months she demanded to pull my credit score. Each time the mortgage company would pull my score, my score would decrease. On top of that, every time my score was pulled, a collections agency would also pull my score in tandem, further tanking it. I had no idea who this agency represented or for what reason. On the day of title transfer, the title company refused to transfer the title into my name. They said there has been a default judgment on my name. I called the number associated with the collection agency. I asked if there were amy way to resolve this debt. If they were to show me proof of a debt that I owe, I would happily enter a payment plan. They explained that the debt would need to be completely settled in order to remove the judgment. I explained to them that I had never been served at all.
I paid to obtain the court documents and there are 20 blank papers where a process server has collected $30 each to “attempt” to serve me. Of the two last papers, one has my FIL first name written by the process server with a check mark next to domiciliary. The last one was two years later where the same process server did the same thing with my childs mothers first name written by the process server.
Both the FIL amd babys mother are positive they were never confronted by anyone regarding this.
I have had to sign a new contract by the home owner extending the lease to own agreement twice more already. The new agreement changed the terms, the home owner acting as the bank, they lowered the monthly payment but put the burden of paying all expenses including insurance and any damages on me. The new payment system is much more costly than the original. I have seven months before this agreement is up and the homeowners are not expecting to extend this any longer. Who is responsible for the costly errors of placing us in a home where a default judgment was in place, costing me thousands on thousands of dollars.
If I had no idea of a court date, how can this be my burden.
Is there any specific types attorneys out there who specialize in remediation of circumstances such as this.
I have no problem paying money if i owe money. This feels like a violation of my rights according to the constitution. What ever happened to due process.
Amy help remedying this situation would be appreciated. I am looking specifically for a intermediary person that can navigate this dilemma so that I can obtain a mortgage on this property while simultaneously setting up a payment plan deal where this judgment can be lifted and the home can be transferred into my name. I would gladly pay a monthly note on any money I owe if only there were some agreement to release me from this default judgment temporarily.
By transferring the home into my name and through a real bank, it would cut my monthly notes in half, allowing me to pay any debts easily.
Right now it feels kinda like I am in a catch 22 situation.
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