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We are currently trying to close on a house sale that has a

lien from an Abstract of...
We are currently trying to close on a house sale that has a lien from an Abstract of Judgment on the title. The Abstract of Judgment was filed on 7/23/2007. IS this lien still valid?
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9/17/2017
Law Educator, Esq.
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Under TEX. PROPERTY CODE §52.006(a): Private creditor’s judgment lien expires 10 years after filing in the County Clerk’s Office. --“-- Dormancy”: If underlying abstracted judgment goes “dormant” (10 years with no writ of execution), judgment lien can become unenforceable sooner than 10 years after filing of Abstract of Judgment. --Re-abstracting and filing the new Abstract: Creates a new separate judgment lien; does not “continue” an existing judgment lien.

So, if if they never refiled, it expired based on the statute of limitations on 7/23/2017.

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Customer reply replied 2 months ago
What would we need to do with the Title Company to be able to proceed on the closing?
Customer reply replied 2 months ago
No. We do not want to switch to a live phone call.

Thank you for your reply. Please feel free to ignore phone requests, the experts do not send them, they are autogenerated by the site and experts cannot stop them.

You need to go to court where the abstract is filed and get a copy of the abstract from the file showing no renewals have been filed and the title company should know if they operate in Texas that the law above says the abstract is no longer valid. You can also ask the court clerk to remove it by filing a motion to remove abstract of judgment based on it being expired under the statute of limitations.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

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Customer reply replied 2 months ago
Can you clarify "dormant"?
Customer reply replied 2 months ago
Is there a way to see if no renewals have been filed without going to the court?

Thank you for your reply.

Dormant means no collection efforts have been made to enforce the judgment. You have to check with the court to see if anything has been filed to renew the lien, that is the only place you can check.

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Customer reply replied 2 months ago
We read that they have two years to refile the Judgment after is goes dormant. Is this correct?

thank you for your reply.

They could file to activate the judgment, renew it, 2 years after it expires under Texas law, yes.

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Customer reply replied 2 months ago
OK. Thank you for your time and advise.

Thank you

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