Legal Question in Real Estate Law in Texas

My dad, now deceased, had an A&J placed on his homestead in 2004. The attorney and Ariel Financial are the same has never responded to my attorney or me demanding a "Partial Release of Lien." Can I sell the property and have the title company demand the partial release at that time? I do not want to pay this collection agency any funds.


Asked on 3/14/12, 9:48 am

1 Answer from Attorneys
Joseph A. McDermott, III Attorney at Law

The title company is not going to do anything besides refuse to insure unless YOU obtain the release. If the creditor refuses to give a release, it may be liable for damages and attorney's fees for failure to do so.

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Answered on 3/14/12, 3:20 pm


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