20 Yrs Old Abstruct of Judgement for a Property That was not Even Mine

[Haru Taguchi]

Jurisdiction

Texas

Hello,

I have a judgement that was recorded onto my record since 1998. This is for residential home that my mother signed a lease with option(my parents didn't know they signed alease with optionto purchase until I began researching back then) to purchase but both of my parents how to move out of the country for my fathers work but since I stayed behind to finish college, they asked me to stay in this home and make payments and maintain with their money. At some point my fathers business began struggling and we were behind mortgage payments so we received an eviction notice. The realtor who got this deal for my parents was the middleman between my parents and landlord advised me that I had to get a power of attorney in order for me to negotiate on behalf of my parents so I did and turned it into her and she accepted it. A week later she says it was too late and passed the deadline so there is nothing we can do so my parents lost that house and I had to move out. Apparently she filed a suit against my mother and I back then for backed payments and her attorney fees. I recently went to court house and pulled a copy of the abstrcut of judgment and found this out. Fist, I'm not on this contract between my mother and the landlord(I did sign a power of attorney but the realtor claimed it was too late so it shouldn't even count if that was the case). And second, this is 20 yrs old. My question is, what do I have to do to remove this judgment from my record as well as the court record? Than you

 

[adjusterjack]

what do I have to do to remove this judgment from my record as well as the court record?

The court record will always be there for all to see.

However, you can petition the court to set aside the judgment on whatever grounds you deem appropriate. I suggest you consult an attorney to see if that's even possible after 20 years.

Judgments in Texas are good for 10 years but can be revived indefinitely if done properly. If not done properly then the judgment is dead and no longer enforceable.

I suggest you buy yourself a complete copy of the case file to see how process service was originally done and to see if there was any action to revive the judgment after the first 10 years.

Is the judgment harming you in any way?

 

[Haru Taguchi]

The court record will always be there for all to see.

However, you can petition the court to set aside the judgment on whatever grounds you deem appropriate. I suggest you consult an attorney to see if that's even possible after 20 years.

Judgments in Texas are good for 10 years but can be revived indefinitely if done properly. If not done properly then the judgment is dead and no longer enforceable.

I suggest you buy yourself a complete copy of the case file to see how process service was originally done and to see if there was any action to revive the judgment after the first 10 years.

Is the judgment harming you in any way?

Hello and Thank you for your reply. This came up when I was trying to buy a home and title company said I needed to clear this record before moving forward so I decided to put a hold on buying a home and fix this issue. I was told that I will not be able to sell the property until this judgement is cleared, I assume it is treated as a lien holder of some sort. This was showing up on my credit report from all 3 credit bureaus so I've sumitted a dispute with a copy of contract showing I'm not on the contracts and they all accepted my dispute and removed it from my public records. It has not been effecting me for anything else but I want to make sure it won't have any effect when I'm trying to buy or sell a home in the near future. Thank you

 

[mightymoose]

The judgment is regarding a lease agreement your parents made that you were not a party to?
It seems to me you have all the reason you need right there. Why is your name even involved?

 

[flyingron]

Were you not notified of the suit against you and then the judgment at the time all this happened. If so, you're out of luck. You had to timely contest these things even if you weren't responsible for the debt.

 

[mightymoose]

You had to timely contest these things even if you weren't responsible for the debt.

Not entirely true. He will have to check into the proof of service. It is not uncommon to revive these matters over inadequate service. One can not respond timely if one does not have knowledge of the matter.

 

[flyingron]

Possibly. However, even lack of service needs to be dealt with in a timely manner. If he received notice of the case or the judgement, he had limited time to protest lack of service or whatever.