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Asker
Posted about 2 years ago.

In terms of the Agreed Entry, I'm not quite sure what that is. In looking back through the document that the title agency gave me, it looks like Beneficial responded to the court in March of 2011 with the terms of our agreement. It then shows a Certificate of Judgment issued a month later in April 2011. The title agency has the lien officially put on in May 2011. We had no idea there was a lien on our title until the mortgage lender brought it to our attention during the refinancing process.

I did speak with a representative from Beneficial's attorney's office (Babcock and Wasserman); however, she assured me there was nothing they could (I'm thinking "would") do. We have not missed a single payment and will not miss a single payment. I do plan on writing to the attorney directly. I know as debt collectors they deal with a lot of people who are unwilling to cooperate and pay there debt; however, it is so frustrating that we are taking full responsibility, and they won't work with us. I even asked if they could take the lien off until the refinance is through and then put it back on, but the representative assured me they can't.

The attorney I spoke to on the phone out of Columbus suggested I get a local attorney to try to work with Wasserman, but I don't know that we have the energy and money to put into that right now. He said it may be a long shot, as our attorney would likely need to play on how unethical it was to put a lien against our title despite the fact we cooperated and have paid faithfully from the moment they contacted us. We are already technically losing so much money through missing out on the refinance, that I hate to invest more money and gain nothing.

Thank you so much, Joseph, for responding to my question. I appreciate your input and suggestions.

Joseph Luke Beyke
Joseph Luke Beyke, Real Estate Attorney - Cincinnati, OH
Posted about 2 years ago.

I would be happy to review the terms of the agreement that you filed with the Court - but my guess is there is no language prohibiting Beneficial from certifying the judgment.

You are correct; they “could” do something to help you out. They could agree to a subordination agreement with your lender attempting to do the refinance. However, admittedly this is rare and they really have no incentive to do that. But, since you are current on your payments, you may run into a reasonable person that is willing to work with you.

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Asker
Posted about 2 years ago.

Unfortunately, I didn't personally file anything with the court...Beneficial did. I was under the impression that through contacting Beneficial's attorney, they needed to be the ones to notify the court of the agreement since they pursued the case. That apparently was where I made my biggest error. Again, a summons needs layman's terms with it!

I do have a document from the title agency that has a list of events that occurred, which does have the terms we agreed to over the phone with Beneficial's attorney. May I send that to you via an email?

Joseph Luke Beyke
Joseph Luke Beyke, Real Estate Attorney - Cincinnati, OH
Posted about 2 years ago.

Sure, I'd be happy to look at it. Again, I am not sure you have any real defenses, but you may be able to get them to work with you. My email is: jbeyke@mmfllaw.com