Abstract of judgment wrongfully placed

[jbondm]

What is the name of your state (only U.S. law)? Texas
My husband and I are selling our home and the title company notified us that an abstract of judgment was put on our home. This is for someone with my same name(only mine not my husbands) who also owns a Tahoe only they owe 0ver 19,000$ to a credit company. I have a loan for a Tahoe in my name through another lender. The credit company called me over and over last year and I told them they had the wrong person that my payments were up to date. This form has a defendants address and date of birth both of which are not mine or this property we are trying to sell.
Nothing on the AJ has my correct information. How can this happen and what do I need to do to get this off so it does not cost us the sell of our home?
Thanks for your help.What is the name of your state (only U.S. law)?

 

[cosine]

Bookkeeping and computer processing errors happen often. In fact, in the age of computers it happens even more. This is because so many people believe that if it comes out of a computer, it must be right, when in fact almost all such errors are human errors, such as data entry, poor matching logic in programming, etc. Same name for one person is very often and easily matched-in-error action. I've had that happen several times for myself (estimated 100 to 300 people in the country have the same name I do, with about 30 of them being on Facebook). How many people are on Facebook with your name?

Making sure computer data is 100% free of errors is impractical from a cost perspective. There has been a shift, lately, to lowering costs, which in turn increases the error rates.

They creditor probably firmly believes some piece of fact-in-error they happen to have. You may well have to sue them to correct the error.

 

[latigo]

If the person or persons responsible will not voluntarily remove the interloping lien as it affects you, then I suggest that you consult with a Texas attorney concerning whether the circumstances bring into play Chapter 12 of the Texas Civil Practice and Remedies Code - “Liability related to a fraudulent lien or claim filed against real or personal property”.(See: Gate vs. Bukaty Texas Court of Appeals (2008) Case No. 05-06-00054-CV)

Also whether or not you can file a motion for summary removal of the judgment lien as in the case of mechanic and materialmen’s liens under Section 53.160 of the Texas Property Code. (See: Belvins vs. Andrews, Texas Court of Appeals (2010) Case No. 01-08-00598-CV)

 

[cosine]

If the person or persons responsible will not voluntarily remove the interloping lien as it affects you, then I suggest that you consult with a Texas attorney concerning whether the circumstances bring into play Chapter 12 of the Texas Civil Practice and Remedies Code - “Liability related to a fraudulent lien or claim filed against real or personal property”.(See: Gate vs. Bukaty Texas Court of Appeals (2008) Case No. 05-06-00054-CV)

Does this also cover cases where the lien is placed in error? For example Alice sues Bob and wins. Alice researches to find proper owned by Bob. Property owned by Robert comes up. The lien is placed, but it is in error because Bob and Robert are different people, even if exactly the same name. Alice should have some level of required due diligence to be sure it's the right Bob. But how much can avoid her liability? For example, a title company or a government clerk accidentally transposes SSNs for the two Roberts of exactly the same name living in the same county. Who is liable. I've seen cases where the party being collected on has an entirely different name than the judgment was awarded for. And it's amazing just how much people will refuse to even examine errors until they get sued, and then they take the "innocent clerical error" defense.