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Attyadvisor
Attyadvisor, Attorney
Category: Real Estate Law
Satisfied Customers: 7199
Experience:  29 years of experience in General Practice, Real Estate Law and Estate Law.
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Does it cost money? or can I ask a quick question, texas, a

Customer Question

does it cost money? or can I ask a quick question
JA: What state are you in? It matters because laws vary by location.
Customer: texas
JA: Has anything been filed or reported?
Customer: a judgement lien on 2006 just wondering if it goes off after 10 years.
JA: Has any paperwork been drafted or filed?
Customer: he was trying to sell a house and they indicated there was a lien so he couldn't sell it. He didn't know about it prior 'and apparently dated 2006
JA: Anything else you want the lawyer to know before I connect you?
Customer: that is pretty much it, he wants to sell it or donate it. wondering if he can now
Submitted: 2 months ago.
Category: Real Estate Law
Customer: replied 2 months ago.
I only want this question answered. So I paid the $5.00. That is all I am paying for correct? I am not joining the membership at this time.
Customer: replied 2 months ago.
the judgement is due to him co signing on his elderly uncle/aunt and apparently they never paid. We just found out about the lien a few years back when we tried to sell the house.
Customer: replied 2 months ago.
oops. uncle/aunt's previous home long ago
Customer: replied 2 months ago.
Status?
Expert:  Attyadvisor replied 2 months ago.
Welcome to JA and thank you for your question. The Attorneys do not have access to customer accounts nor do we participate in billing matters. Please contact customer service with regard to payment and account information so we can continue. Thank you.
Customer: replied 2 months ago.
Was that the answer to my question about the lien lasting 10 years in tx
Expert:  Attyadvisor replied 2 months ago.
I wanted you to know the cost before continuing. The Attorneys do not want the customer to have any confusion with regard to the changes. Were you able to confirm the cost so we can continue?
Customer: replied 2 months ago.
Ok continue my question about lien st the raye i already paid for
Expert:  Attyadvisor replied 2 months ago.
What state does your question pertain to? What type of judgment? Yes liens against real property are an issue when you are trying to sell your property.
Customer: replied 2 months ago.
I indicated texas. My husband co sign for his uncles house. They did not pay and had financial issues. We were told that a lien was put on my husbands house 2006. He didnt know this until he tried to sell it a few years ago. So we r wondering time frame for leins. I googled it states 10 years. Is that true? So can he sell now 2017
Expert:  Attyadvisor replied 2 months ago.
My apologies Texas did not show up on my end. The issue with this situation is that your husband will need a release of the lien in order to clear the lien on the property. Did the Uncle's home get foreclosed?
Customer: replied 2 months ago.
I do nelive so and now he has passed away
Expert:  Attyadvisor replied 2 months ago.

The lien needs to be released so that there will not be a cloud on the title. . Do you have a copy of the lien or can you obtain a copy? Is this homestead property?

This is the Texas law that deals with these liens http://www.statutes.legis.state.tx.us/Docs/PR/htm/PR.52.htm I am providing it merely for your reference.

Expert:  Attyadvisor replied 2 months ago.

The lien needs to be released so that there will not be a cloud on the title. . Do you have a copy of the lien or can you obtain a copy? Is this homestead property?

This is the Texas law that deals with these liens http://www.statutes.legis.state.tx.us/Docs/PR/htm/PR.52.htm I am providing it merely for your reference.

Judgment liens can be renewed after 10 years. I hope this did not https://www.avvo.com/legal-answers/how-long-does-an-abstract-of-judgment-stay-active--1726380.html

Expert:  Attyadvisor replied 2 months ago.

"How long is a judgment valid?

In Texas, judgments are initially valid for 10 years. Unless it is renewed, it expires automatically at the end of the initial 10-year period. However, a creditor can renew its judgment for another 10 years and then another 10 years after that, and so on forever. Technically, it is possible for a judgment to remain valid for the rest of your life." https://www.hestonciment.com/what-can-a-creditor-do-with-a-judgment/

Expert:  Attyadvisor replied 2 months ago.

"What can I do to clear up my judgment?

Here are a few ways you can clear up a judgment.

Settle the Judgment: We can help you settle the judgment for a reduced amount. Generally, the amount you have to pay to settle a judgment is much higher than the amount you would have had to pay if you had handled the lawsuit properly while it was open.

Clear the Judgment Lien from your Homestead: We can get the judgment released from your homestead without you paying or settling it. Getting it released from your homestead will allow you to refinance your mortgage or sell your home free and clear the judgment.

Bankruptcy: You can discharge the judgment debt by filing bankruptcy. Filing bankruptcy would discharge all of your other unsecured debts also. You must qualify based on your income and assets to file bankruptcy.

Wait it out: If you are not in a position to settle the judgment, and you don’t want or need to file bankruptcy, then you can just wait it out and hope the judgment expires on its own after the initial 10-year period. This is generally not a good option, because your circumstances will probably improve at some point, and, if they do, you will could get your bank account levied and lose all your money." https://www.hestonciment.com/what-can-a-creditor-do-with-a-judgment/

Expert:  Attyadvisor replied 2 months ago.

If you have a copy the creditor may have failed to renew the lien.

Expert:  Attyadvisor replied 2 months ago.

Please do not hesitate to ask me any additional questions that you may have with regard to this matter. It would be my pleasure to continue to assist you.

If you would be kind enough to rate my service positively so I will receive credit for my work from the site I would appreciate it.

You may not be familiar with how the site works. The Attorneys to not receive credit from the site for their time or with customers unless the customer provides a positive rating. We answer your questions in good faith, hoping for a good faith response regardless of whether the law is in your favor or not. If you were unhappy with my service please let me know that you would prefer to work with another Attorney and I will opt out. Thank you for your consideration.

Thank you for using JA! We appreciate your business.

Expert:  Attyadvisor replied 2 months ago.

Please do not hesitate to ask me any additional questions that you may have with regard to this matter. It would be my pleasure to continue to assist you.

If you would be kind enough to rate my service positively so I will receive credit for my work from the site I would appreciate it.

Thank you for using JA! We appreciate your business.