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Updated almost 11 years ago,

User Stats

560
Posts
528
Votes
Daren H.
  • Real Estate Investor
  • Desoto, TX
528
Votes |
560
Posts

"Do It Yourself" experience with having abstract of judgements released?

Daren H.
  • Real Estate Investor
  • Desoto, TX
Posted

Does anyone have hands on (Do it yourself) experience with having an abstract of judgment fully released and removed from public records (not seeking legal advice, just relevant past experiences)? My wife recently found out she had a judgment against her that was recorded in the office of public records (Dallas County). The judgment is from November 2007 and the plaintiff was a collection agency. The amount of the judgment is now about ~$2,000 (includes interest). She doesn’t recall getting served or anything but that doesn’t mean it didn’t happen (it was before my time and during her divorce). She found out about the judgment when she recently refinanced the home loan. The judgment was clouding the title and the lender and title company would not allow the refinance. I did some investigating into the Texas Property Code and learned that the judgment should not be allowed to cloud the title on a homestead. Long story made short, I followed the process spelled out by the Texas Property Code and had my wife file a Homestead Affidavit as Release of Judgment Lien with the Dallas County Public Records office. This worked and the lender and title company proceeded with closing the refinance transaction (now my wife thinks I am some sort of expert, ha ha ha).

During the process I learned that the collection agency named in the abstract of judgment is no longer in existence. With further investigation I thought I found the company that may have assumed the original collection agency; however, this company never provided written proof they now owned the rights/benefits of the judgment nor any proof of what the original collection was for. I am against attempting settlement with a company that cannot /will not prove they are owed. Does anyone have “do it yourself” experience with removing abstract of judgments filed in the public records of Dallas County? So far I am finding that help from an attorney is almost equal to the cost of the judgment itself. M wife might sell the home in the next 2 – 3 years and I am concerned about the judgment creating a cloud at that time.