Mortgage Servicing Fraud
occurs post loan origination when mortgage servicers use false statements and book-keeping entries, fabricated assignments, forged signatures and utter counterfeit intangible Notes to take a homeowner's property and equity.
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TB
In Ohio, judgments become dormant after five years pursuant to 2329.07 if not recorded/renewed.

Does this apply to foreclosure judgments or would the mortgage be evidence of the judgment so they don't have to file a judgment lien?
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Barber
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In Ohio, judgments become dormant after five years pursuant to 2329.07 if not recorded/renewed.

Does this apply to foreclosure judgments or would the mortgage be evidence of the judgment so they don't have to file a judgment lien?


I do not know the answer to your question, but the question itself seems to suggest some really inherent confusion.

In most places, the idea of a judgment becoming dormant relates to entitlement to seek execution on a judgment. That is, if A gets a judgment against B for $10,000 and B doesn't pay the judgment, A could usually seek to attach some of B's property, seek a wage garnishment, etc.

A typical foreclosure judgment contains an order of sale of the subject property with the proceeds of the sale to be applied to satisfy the money judgment. Thus, if the sale is completed and confirmed what would usually remain is a deficiency judgment.

If your question is whether a deficiency judgment might become dormant, that would seem to be a valid question. If your question is whether a judgment ordering the sale of a property becomes dormant if the property is not timely sold, that seems to be a bit more bizarre and unusual.

Without fully understanding or knowing the answer to your question, I would suggest that you proceed with the greatest of caution. Bankruptcy usually tolls limitations and that might apply to dormancy of judgments. If there is any doubt whatsoever about the ongoing validity of the judgment or its eligibility for renewal, then the very last thing you want to do is to call attention to yourself! What you really need to be thinking about is getting as much time between you and the judgment as possible without inviting attention or action by the party holding the judgment.

If you harbor any illusions that failure to record or to renew might present you with some avenue to recover the subject property, then you are absolutely out of your mind and have probably been drawn in by some scam or swindle.
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TB
Does a foreclosure judgment need to be recorded against the property? Most cases I've seen dealing with tht are about civil judgments and credit card debt, which is how I come across it from a zombie debt collector calling for a family member. Anyway, my question was rather general about whether the judgment needed to be recorded, and if not, does that effect collection in regards to that statute. I doubt many people will last five or more years in a property, its more or less my curiosity.
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Nina
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Does a foreclosure judgment need to be recorded against the property? Most cases I've seen dealing with tht are about civil judgments and credit card debt, which is how I come across it from a zombie debt collector calling for a family member. Anyway, my question was rather general about whether the judgment needed to be recorded, and if not, does that effect collection in regards to that statute. I doubt many people will last five or more years in a property, its more or less my curiosity.


Generally, recording is important only to put others on notice as to the matter being recorded. If that matter is a judgment, recording puts others on record notice and constructive notice of the debt. When a matter is recorded in the public records, a later copy can be obtained and certified for use in other court proceedings.

One problem that can arise is when more than one creditor are quarreling over the right to seize the same asset. Also, sometimes seizures of a particular asset can prejudice or impair the rights of other creditors. (One of the goals of a Bankruptcy proceeding is to marshal the assets of a debtor for the benefit of all creditors.) Recording makes the fact of the judgment readily known through the public records to other creditors.

In most places, recording is not necessary to execute on a judgment. I am also unfamilar with the Ohio statute you cite. Why don't you read the cases on that statute?
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