Legal Question in Credit and Debt Law in Texas

return of item bought on unsecured loan

I bought a water filtration system and my husband lost his job and we cannot afford it. So my question is they tell me that they will put a lein on my house if I don't pay the loan. Is this true and what are my options for getting out of the contract?


Asked on 6/08/09, 6:17 pm

1 Answer from Attorneys

Robert McEwen The McEwen Law Firm

Re: return of item bought on unsecured loan

Was this filtration system installed by the company that you entered into the loan with? Because if it was a home improvement loan, then there certainly can be a lien placed against the house.

Another issue is whether they can force the sale of the house to satisfy the loan. Again, if it was for home improvement purposes, then they can under Texas law. If the loan was just for the system, then you have a better chance of beating it.

I would consult a lawyer to see what your options are based on the contract itself. You could also attempt to contact the seller and see if they will take the system back, based on your situation. But most likely you will not be able to single-handedly get out of the contract just because of a change in your situation.

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Answered on 6/09/09, 8:45 am


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