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  1. #1
    Join Date
    Dec 2013
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    2

    Default Sued for Deficiency Despite Agreement that No Money Would be Owed

    My question involves a mortgage in the state of: Florida.

    We agreed to consent to judgment with stipulations that no monies would be owed. However several months passed and now proceedings are starting where a major lender is filing for contract indebtedness. With the previous agreement still in effect, how (1) is the lender able to file this suit, and (2) what course of action can we take to protect ourselves?

  2. #2
    Join Date
    Jan 2006
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    38,867

    Default Re: How to Handle Civil Suit Related to Contract Indebtedness

    We agreed to consent to judgment with stipulations that no monies would be owed.
    so why would there be a judgment if it was called even at that point?

    but accepting there was; if the current debt has already been through the courts and a judgment has been rendered, you defend the current suit with a defense of the cause of action has already been ruled on in the courts or in fancy terms: res judicata

    I suspect there is something you misunderstood concerning that stipulation. It makes no sense as you have stated it.



    What often happens is when a person is sued, to prevent a judgment being entered on their record, the parties agree to a stipulated judgment but the plaintiff stays the action until some agreed upon date to allow the defendant to pay whatever was agreed upon. That way, if the payment is made, the plaintiff seeks a dismissal of the action. If the defendant doesn't pay, the plaintiff walks into court and gets a judgment based on the stipulated agreement and then attempts to collect on that judgment.



    That, barring the agreement of you owing something, is what it sounds like you are experiencing.

  3. #3
    Join Date
    Mar 2013
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    17,919

    Default Re: How to Handle Civil Suit Related to Contract Indebtedness

    Quote Quoting Chakra
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    My question involves a mortgage in the state of: Florida.

    We agreed to consent to judgment with stipulations that no monies would be owed.
    With whom did you make that agreement and what do you have in writing to memorialize that agreement.

  4. #4
    Join Date
    Dec 2013
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    2

    Default Re: How to Handle Civil Suit Related to Contract Indebtedness

    Quote Quoting adjusterjack
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    With whom did you make that agreement and what do you have in writing to memorialize that agreement.
    Thank you for both for your responses.

    We were represented by a downtown attorney (with several popular ads) who handled this matter our behalf. Ironically, the civil suit was filed roughly 30 days after our contract with that firm expired. This may be coincidental, but nevertheless, we did not walk away feeling completely satisfied.

    I have several email correspondences from my lawyer stating in very exact terms that "if we consent to judgement and surrender the property we would owe nothing to the lender", and after judgment was filed another correspondence informing us about the "total amount of deficiency waived."

    We still have not received any documentation from the lender.

  5. #5
    Join Date
    Mar 2013
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    Default Re: How to Handle Civil Suit Related to Contract Indebtedness

    Quote Quoting Chakra
    View Post
    I have several email correspondences from my lawyer stating in very exact terms that "if we consent to judgement and surrender the property we would owe nothing to the lender", and after judgment was filed another correspondence informing us about the "total amount of deficiency waived."

    We still have not received any documentation from the lender.
    Without anything in writing from the lender you don't have any agreement with the lender.

    What your lawyer said, without a written agreement from the lender, was pretty much meaningless.

  6. #6
    Join Date
    Sep 2005
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    98,846

    Default Re: How to Handle Civil Suit Related to Contract Indebtedness

    Your lawyer handled this, so if there is confusion about the terms of the settlement or the creditor's compliance you should talk to your lawyer.

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