Posted by Mike (WA) on August 17, 2014 at 11:09:35 from (69.10.197.141):
In Reply to: OT/For John T Mike posted by Nancy Howell on August 17, 2014 at 07:42:53:
I can only tell you how it would work in my state. Here, Title Insurance Companies search the status of title whenever there is a loan being applied for; some other states hire an attorney to do so, but the end result is about the same.
A judgment filed in your county becomes a lien against all real property of the debtor in that county. When you apply for a loan secured by real estate, the title company or title attorney searches all county records. If they come up with a judgment against someone with the same or similar name as you, they list the judgment as an "exception" on the title report (that is, they will insure title for the lender against everything "except" what they have listed). At that point, you would provide evidence that you are not the same person, the title company or attorney would remove the "exception", and lender would go ahead with the loan.
We're a small county, with only 2 title companies, so that method works here. Dallas would have many title companies, so they may have a normal practice of recording something to the effect that you are not the same Nancy Howell. Your attorney should know how to do it, if he's experienced in real estate matters. Or you could just talk to the title company and see what they need to remove that exception.
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