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whychat - scott - lady ?? (long.. sorry)
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Posted by airics
(64.12.96.78) on October 28, 2003 at 23:17:19:
ok received a notice of hearing today for 11/20 regarding my case.. to recap, back in 96 lost a house to forclosure... mortgage was paid in full by the sale, huntington (equity loan) was not.. they rec'd a judgment against me in 97 however never collected anything.. they are trying to revive the judgment.
i objected to the revival stating ohio revised code states only 2yrs to collect on deficiency from judgment date making the revival time barred. section 2329.08 states Any judgment for money rendered in court of record in this state upon any indebtedness which is secured or evidenced by a mortgage, or other instrument in the nature of the mortgage, on real property or any interest therein , upon which real property there has been located a dwelling or dwellings for not more than 2 families which has been used in whole or in part as a home or farm dwelling or which at any time was held as a homestead by the person who executed or asumed such mortgage or other instrument, or which has been held by such person as a homesite, shall be unenforceable as to any deficiency remaining due thereon, after the expiration of two years from the date of the confirmation of any judicial sale of such property completed subsequent to the rendition of such judgment. any execution issued upon such judgment or any action or proceeding in aid of execution or in the nature thereof or to marshal liens, commenced prior to the expiration of such 2 year period, shall not be affected by this section. this section does not affect any action or proceeding in the nature of the creditor's bill, commenced within such 2yr period to subject the interest of the judgment debtor in any property owned at the date of such judgment and concealed with the intent to hinder, delay or defraud creditors
this section may be waived by an instrument in writing executed by the judgment debtor within such 2yr period..... (i never signed a thing after the judgment.. didnt even get served)
So now the questions...
do i go to the hearing and tell this to the judge, with copies of the ohio revised code in hand?
can the judge, oppose this?
do i need an attorney there and can i lose this?
if i lose, can i appeal.. huntington recd $1000 from the sale in 2000 from the proceedings, not me.. wasnt it to late for them to get anything??
judgment is for $10k, i am in ohio.. any advice or moral support would be appreciated and also how does a hearing work?
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