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LawTalk
LawTalk, Attorney
Category: Real Estate Law
Satisfied Customers: 35354
Experience:  I have 30 years legal experience. Additionally, in CA I held a Real Estate Broker's license.
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Divorce degree issued by district judge April 8,2009 in Orange,

Customer Question

Divorce degree issued by district judge April 8,2009 in Orange, Texas.
My lawyer failed to include portion of land description.
When discovery was made a Nunc Pro Tunc was issued and signed by the same district judge August 26, 2010 in district court to include the land description and set the date for April 8, 2009.
When I was selling part of homestead property that I was awarded in divorce, I was informed of a lien by a bank on the property for my ex-husband and his business in July 15, 2009. The bank is refusing to honor the Nunc Pro Tunc and will not release me from his lien. The bank is saying that because the Nunc Pro Tunc was issued after their lien issue date, they do not have to honor it.
what do I need to do to have the bank to release me from this lien?
Thank you,
Mable
Submitted: 7 months ago.
Category: Real Estate Law
Expert:  LawTalk replied 7 months ago.
Good afternoon Mable,I'm Doug, and I'm very sorry to hear of your situation. My goal is to provide you with excellent service today. You wrote: The bank is saying that because the Nunc Pro Tunc was issued after their lien issue date, they do not have to honor it. Unfortunately, the bank is entirely correct as regards ***** ***** of the court order on the lien. The lien is not effected by the court order, because the court has no power to interfere with the contractual rights, or the judgment rights of third parties against the parties to a divorce. I understand that you may be disappointed by the Answer you received, as it was not particularly favorable to your situation. Had I been able to provide an Answer which might have given you a successful legal outcome, it would have been my pleasure to do so.If you have additional questions, you may of course reply back to me and I will be happy to continue to assist you further until your questions have been answered to your satisfaction.Would you please take a moment to positively rate my service to you based on the understanding of the law I provided by clicking on the rating stars---three stars or more. It is that easy. That is the way I am compensated for having helped you.Thank you in advance. I wish you the best in your future,Doug

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