Legal Question in Real Estate Law in Texas

My wife was divorced in 2001 from her first husband. In her divorce decree a judge granted all responsibility for payments, etc to her ex husband for their house. Soon thereafter the mortgage company filed an abstract of judgement against her and her ex-husband on the house. Later in 2004, debt collectors called and threatened to put a lien on the house we owned now. We were scared into paying a partial amount of $5,900. We realize now we shouldn't have paid that since none of it was really her problem. The company filed a partial release of judgement after we paid. This doesn't make sense since she shouldn't have been on the abstract anyway. It's not on her credit report and we have almost perfect credit over 800. Now we are trying to refinance our current house and this is getting in the way. The title company says we need to contact this company and get removed from the abstract of judgement by sending them a copy of her divorce decree. We haven't called yet, but what if they say no?! We're worried this will hang over us forever. He already filed bankruptcy a few years ago to get around it. What can we say to them to make sure the removal of her name from the abstract of judgement gets done?


Asked on 11/17/11, 4:13 pm

1 Answer from Attorneys
Donald McLeaish McLeaish&Associates;, P.C.

IT SOUNDS LIKE MANY PEOPLE WHO DON'T CALL LAWYERS EARLY....but you may have a legal claim against the creditor and the collector..but you need to contact a lawyer in your area now...this sounds like a fraudulent lien on your homestead....

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Answered on 11/18/11, 6:56 am


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