Posted by John Merchant on June 29, 2003 at 19:04:44:
Sounds like what’s needed is for you to find a new, more aggressive lawyer and hiring him/her to file a Trespass to Try Title, which is the TX version of a suit to Quiet Title, and which would then get you a new Judgement clearing this thing for you.
Ex-husband won’t release paid-off lien - Posted by Jo Ellen
Posted by Jo Ellen on June 29, 2003 at 12:14:48:
I have a real mess. Any help will be appreciated. I recieved a piece of property in my divorce four years ago that was held in a corporate entity of my husband’s. In order to buy the property originally, he (as the corporation) purchased the note at a discount from the mortgage company. They transfered the original mortgage lien to the corporation. He then obtained an agreed judgement and degree of forclosure from the estate of the owner to get title. I recieved the property with a special warranty deed at the time of the divorce, signed by my husband as president of the corporation. He also gave me the property as himself, an individual, in the divorce decree.
Recently I listed the property and had a contract on it when a title search uncovered that the original paid, transfered lien had never been released from the title. My ex-husband refuses to release the lien, the corporation is not in good standing in the State of Texas, and now he is claiming not to even be president of it, but won’t produce documents to prove who is. I’ve lost the sale, I’m stuck with two houses that I can’t afford, and no money is even owed on the lien. I have an attorney working on it, but he seems to be reduced to begging a title company to underwrite it. Suing the ex is not an option, as he has judgements against him a mile long from much bigger fish than I (such as the IRS). Any suggestions?