Legal Question in Real Estate Law in Texas

Validity of an Abstract of Judgement

My mom is selling three townhomes. Her EX was wrongly put on the warranty deed of one & couldn�t get changed. The title report shows an abstract of jdgment against her EX for that one unit his name is on which he quitclaimed her in the divorce Her EX was sued & lost in 1978 prior to their marriage. The jdgmt was $28,000. The p-tiff filed a writ of exec & abstract of jdgmt in 1981. He filed another writ & abstract in 1983. He filed another abstract in 1991-no writ . He died in 1995. His wife- executor of the will- filed a fourth abstract in 2001 on his behalf-no writ.

Can an abstract be renewed three times in TX? Do you have to file a new writ within 10 years of every abstract filed? They only filed writs with the first two of the 4 abstracts. Is the jdgmt dormant w/no writ in 23 years? Could it be revived?

After the original jdgmt the p-tiff got a court order in �82 directing the TX Real Estate Commisn to pay p-tiff $10,000 towards the jdgmt. However every time the abstract was filed after �82 -in �83, �91 and �01- it has the original jdgmt amount of $28,000 & doesn�t reflect the payment they received. How can my mom quickly clear this up--name removed--she can sell her properties w/out paying her husband�s old debt?


Asked on 11/07/06, 7:22 pm

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

Re: Validity of an Abstract of Judgement

She can't. The title company won't insure title to the new owners without 1) a release from the judgment holder or 2) a judgment in a new lawsuit declaring the judgment stale and unenforceable -- which MIGHT, or might not, be the outcome of such a suit; cannot tell under the facts you recite whether the judgment has been effectively renewed or not. The TREC is subrogated to the plaintiff in the amount of the payments it makes, so it is entitled to collect out of the deceased ex's assets, though if it's unaware of the asset it likely has not recorded anything in the proper county and thus won't show up on the title. The full judgment amount, plus interest, is likely due to the TREC and the plaintiff, jointly. You might negotiate a release with the plaintiff and close, though there's no guarantee the TREC won't come calling later for its share.

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Answered on 11/08/06, 12:38 pm


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