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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 41221
Experience:  Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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how do you vacate a judgment in Texas which was filed 23 years ago and has never been serv

Resolved Question:

how do you vacate a judgment in Texas which was filed 23 years ago and has never been served or renewEd to this date
Submitted: 4 years ago.
Category: Legal
Expert:  Dimitry K., Esq. replied 4 years ago.
Thank you for your question.

My apologies but there is nothing here to vacate. If the judgment was never renewed, it expired after 10 years, which is the statutory period for any judgment if not renewed. Therefore the best way to vacate is to claim and show that the judgment was never renewed, since that will vacate whatever possible claims that holder may have had against you in this instance.

Good luck.
Customer: replied 4 years ago.
I am in a refinancing process and the potential lender is saying that this issue might cloud the title to the property which is a homestead. What are they taking about based on you answer and how do I handle their concerns.
Expert:  Dimitry K., Esq. replied 4 years ago.
Thank you for your follow-up.

The way to handle this situation is to file a "quiet title" action against the property and go to court so as to terminate and cut off all past loans, liens, and outside encumbrances that were never removed. It may be that the interest was recorded against the property but never renewed (and never removed also). The "quiet title" would cut off the lien and would permit you to obtain clear title so you would be able to transfer the property or refinance.

Good luck.
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