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Ray
Ray, Lawyer
Category: Legal
Satisfied Customers: 29426
Experience:  29 years in civil, probate, real estate, elder law
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I have one default judgment filed on 12/5/2001, and on 4/4/2003,

Customer Question

I have one default judgment filed on 12/5/2001, and on 4/4/2003, an abstract of judgment was filed on my homestead. Come forward to 2013, the judgment is still attached to my properry. Only mow the property is not my homestead. and
I have entered ia contract to sell the property. I had no knwledge thzt there was a judgment , but the title company found it. from what I have pieced together, the debt originates in a Bank of America credit card, which was assigned to WAm , a debt collection agency. The abstract was filed by Atty. "S", attorney for WAM, AND "S" placed an attorrney's lien for his fee together with the statement,
"the judgment in this cause may not be released without the joinder of 'S'.

A certified letter was mailed to "S" on 4/12/2013,, to date he has not responded.
The letter to WAM came back as undeliverable.

My question is how am I suppose to get a release if the attorney will not respond and the debt collector does not exist ?
Submitted: 1 year ago.
Category: Legal
Expert:  Ray replied 1 year ago.

RayAnswers :

Thanks for your question and good afternoon.My sympathy for your dilemma and situation.

RayAnswers :

You have a couple of options here.Under Texas law once this judgment is ten years old it becomes dormant.There is then a two year period where if they do not revive it then it becomes moot.

RayAnswers :

If you can wait it out here then in a couple of years you could seek to have it removed by the courts.

RayAnswers :

Assuming you need to resolve this now and conclude the sale you are going to have to try and locate the lawyer to resolve both liens.All Texas lawyers with a license can be located here through the State Bar of Texas.

RayAnswers :

Here is reference to the ten year rules and dormant judgments, etc.

RayAnswers :

You can search for the lawyer here.

RayAnswers :

You should be able to get a current address and phone through the state bar of Texas.

RayAnswers :

I appreciate the chance to assist you today.Please let me know if you have more follow up.Thanks again.

RayAnswers :

Once you pay these off you are due recordable release from both parties.This has legal effect of clearing the judgments from the title.

RayAnswers :

Thanks again.

RayAnswers :

I hope that you will be so kind as to leave a positive rating. If you do have any additional questions about my answer please click the "Continue Conversation Link" so I can provide you with a fully satisfactory answer. Please be aware that any rating of 1 or 2 is reflected as a negative rating and I receive no credit for my answers.

This communication does not establish an attorney client relationship here.Information provided is not legal advice. Rather it is simply general information.

Expert:  Ray replied 1 year ago.
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