Review: Process is easy but system would not accept 3 different credit cards on first day. No phone number to call. Sent message and response was all 3 cards must have been declined. However, next day one of those cards went through with no problem. Thank you for your feedback. Unfortunately we have no control over which payment get approved or declined.
Review: Very useful service! This was easy and quick. It guides you through each step and emails update you during the process. Will use again! Review: Very easy to use and organized. When I needed the form I needed it immediately. I didn't want to get locked into a monthly subscription. You understand and agree that you are ordering, and will receive, blank forms for creating a deed. You are NOT ordering a copy of your existing deed.
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Do It Yourself Legal Forms available on our Website are not guaranteed to be usable, correct, up to date, or fit for any legal purpose. The creditor can choose to take no action at all and usually suffer no consequences. If the subject property is clearly indicated to be residential homestead in the records of the county where it is located, the path of least resistance for a judgment creditor may be to execute a partial release of that property from the judgment lien—and then live to fight another day as to property that is non-exempt.
Alternatively, the creditor can if grounds exist choose to be pro-active and file an affidavit contradicting the one filed by the judgment debtor. In order to avoid possible liability for filing a false affidavit, however, a judgment creditor would need to have some plausible grounds for the contradicting affidavit, something more than mere unsubstantiated belief. From the point of view of the judgment debtor, there is a flaw in the process since there is nothing in the statute that requires a title company to accept the statutory affidavit and then go forward with closing and issuing one or more title policies.
In other words, the law is not self-enforcing. Title companies, being conservative institutions, may hesitate or refuse to go along, which can be a disappointment to a seller and his or her attorney who have diligently followed the provisions of the lien removal statute. What the title company is really saying is that even if the statutory affidavit were inscribed on a tablet of gold by the best lawyers in Texas, they would not accept it, for reasons of their own.
As in other situations, it may be necessary to shop title companies until one is found that is amenable to this process. The statute does not provide for a traditional release of lien. That is a critical difference. Accordingly, the attorney must be careful not to guarantee any particular outcome—only that the statutory notice and affidavit process will be followed.
In turn, the client must accept the potential limitations on the process. Note item 4. Clients often expect a lawyer to be able to locate their creditors as part of the lien removal process. This may not be a reasonable assumption, since lawyers are not usually also private investigators. If an investigator is needed, the client should be prepared to bear that additional expense. Texas Family Code Section The procedure involves the filing of an affidavit and is identical to that contained in Section There are instances where a purported lien or claim against real property is outright fraudulent.
Subchapter J of the Government Code provides three avenues of relief in the event a fraudulent instrument is filed. The first is based on action to be taken at the clerk level. What would provide a reasonable basis for a clerk to take action? Someone would likely have to point out the issue or supply the clerk with an appropriate affidavit. The second avenue of relief is provided by Government Code Section Action on Fraudulent Judgment Lien. A third type of action is contained in Government Code Section Action on Fraudulent Lien On Property.
There is no valid lien or claim created by this documentation or instrument. Additionally, to find the subject document fraudulent, the court must determine that it is not one of the following three types of legitimate liens or claims: 1 a document or instrument provided for by state or federal law or constitutional provision; 2 a document or instrument created by implied or express consent or agreement of the obligor, debtor, or the owner of the real or personal property; or 3 a document or instrument imposed by a court as an equitable, constructive, or other lien.
Note that if the court so finds, it nonetheless makes no finding as to the underlying claim—only as to the filing of the document or instrument in question. The underlying claim may still be litigated. It is also a criminal offense. Filing of a fraudulent lien may under certain circumstances also form part of a cause of action under the Deceptive Trade Practices Act.
Code Sec. Information in this article is provided for general informational and educational purposes only and is not offered as legal advice upon which anyone may rely. The law changes. Legal counsel relating to your individual needs and circumstances is advisable before taking any action that has legal consequences.
Consult your tax advisor as well. Eric M. Steven C. Managing Partner. Curt L. Business Attorney. Rinky P. Managing Attorney. Brandon L. Managing Partner, Attorney. Richard E. Senior Partner, Attorney. Bryan B.
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