Legal Question in Credit and Debt Law in Texas

A couple of years ago, I had been unemployed for over a year and struggling to keep from losing my home, my land, my vehicle and even had a difficult time eating. The Ford Ranger I was financing through Ford Motor Credit had mechanical problems, so I took it to mechanic who led me to believe, he would work with me knowing my financial situation. However, when it came time for me to pick my vehicle, the bill was considerably more than I was expecting to pay. I reminded him of my financial crises and explained that I really needed my vehicle. And even the charges were more than expected, I would be glad to pay him some out of each of my unemployment checks every 2 weeks until I had the bill paid in full. Instead of working with me, he demanded the full amount be paid before he would let me have the truck back. To try and make this long story short, I was unable to come up with the full amount over the next 2 or 3 months, especially not having a vehicle to even have a chance to go generate any extra cash. With truck payments to Ford Motor Credit delinquent for 3 or 4 months, they turned my loan over to their collections department for repossession. When they contacted me to pick the vehicle up, I explained the situation to them and provided them the mechanic's name and the location of the vehicle. When Ford went to the mechanic to pick the vehicle up, he refused to let them have it and told them the vehicle now belonged to him via a Mechanic's Lein he had filed against it. A second attempt was made to repossess the truck and it was no longer there. At this point, Ford Motor Credit began accusing me of pulling some kind of scam with the mechanic. I explained this was not the case, to no avail. Ford Motor Credit then, somehow, placed a $21,000.00 Lein on my home and acerage for the defaulted vehicle loan. I could not understand how this was even possible since the house and acerage was never used to collateralize the vehicle loan. I had no money for an attorney to represent me when I was summoned to court and could not contest their action. The Lein is still against my property. I can no longer afford to maintain the property. Since the housing market is still terribly depressed, I have no other choice but to take $30K to $40K less than what my property appraised for in 2008 if I want it to sell it to free up the equity I desperately need to survive (The home and acerage have been paid off for several years). My questions for you are....(1) Can Ford Motor Credit legally place a Lein against my property when the property was never ANY part of my Contract with them? And....(2) If so, is there any way to sell my property without having to satisfy all or part of the Lein? Thaqnk you in advance for your advise and any suggestions that may help me in this matter.

Jan Grant


Asked on 8/25/12, 8:30 pm

1 Answer from Attorneys

Donald McLeaish McLeaish&Associates;, P.C.

Such liens should not be on a "homestead: but is the "property" your home or just property owned separate from your home. Call me or any lawyrer to discuss...but frankly the reaason for your debt is not important..only the facts..

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Answered on 8/26/12, 10:46 am


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