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Re: OT - legal question on a lien


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Posted by Mike (WA) on August 14, 2014 at 16:32:34 from (69.10.197.141):

In Reply to: OT - legal question on a lien posted by Nancy Howell on August 14, 2014 at 08:58:46:

I suspect that rather than someone "filing" a lien against your specific property, it is actually a money judgment that someone got against Dan and the other Nancy Howell in Bexar County, and the creditor also filed it in your county, probably because the creditor thought the debtor had real estate in your county. Judgments automatically become encumbrances (or liens, if you will) against all real property of the debtor in all counties in which the judgment is filed. Its automatic- they didn't know about you or your property, they just wanted to encumber any property that Dan and Nancy 2 had in your county. Its the curse of the common name- if your name was something like Gnixl or Trzebiatowski, you wouldn't have this problem.

The other type of "lien" is a labor lien, materialman's lien, crop lien, or other lien against specific property for work done on that property- That type of lien has to specifically identify the property. I'd bet the ranch that this is not that type of situation.

The creditor is entitled to his lien against Dan and Nancy 2, so you can't get it taken off the county records; however, the title companies have procedures by which you can have the encumbrance cleared from your property, by providing sufficient evidence that you are not the Nancy Howell in question.

I don't know the law in Texas (at least, the law east of the Pecos), but it sound similar to Washington: A judgment is a lien against real property for 10 years, with option to renew for another 10. Check with the title company to see if it was renewed, and if not, they should just drop it off your title report on account of the age of it.


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