My client is buying a home. The title company revealed, through public records, that he had a state tax lien and an abstract of judgment filed against him. The address on both documents is an address he has never resided at. In fact, another family with the same last name own the property; however, they are not kin to each other. The owner of the incorrect address' name is Maria G. Coronado. My client's name is Mario Coronado and has been living with his girlfriend, of many years, Maria Gil. My client has never been served. His tax returns have never been intercepted and his wages have never been garnished. He is unaware of what the abstract of judgment may be for. The judgment references Texas Property Code 52.002. Could this be a judgment for back property (residential) taxes? The abstract of judgment does not specify what it is regarding. We are at a standstill with the purchase of the home. If the debt is his, will the abstract of judgment be valid since he was never served? And if it isn't his, what is the best way to get this cleared of his name? is it possible that the abstract is attached to the wrong individual?
As provided by TPC 52.003, a valid Texas AJ must show the birthdate of the defendant, if available, and the last three numbers of the defendant's SSN, if available. As well, the other information required to be shown should enable the defendant to review the litigation to determine if it is his or not: https://statutes.capitol.texas.gov/Docs/PR/htm/PR.52.htm. If it is his, then he'll need to negotiate payment and release with the Judgment Creditor (or its assignee). If it is not his, then he should be able to execute an "Affidavit of Non-Identity" which will induce the title agent and lender to proceed.
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