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Updated about 6 years ago on . Most recent reply

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38
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Robin Frazier
  • Rental Property Investor
  • BAYTOWN, TX
13
Votes |
38
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Judgment in Texas is preventing me from getting a cash out loan.

Robin Frazier
  • Rental Property Investor
  • BAYTOWN, TX
Posted

I just found out I have a judgement against me in Texas.

Here is my side of the story.

I built a 4000 sq foot house for my family and I in 2009. It was a 12 month construction loan.

After the property was complete, the real estate market had bottomed out. I tried for over a year to get financing but had no luck because the appraised value was lower than the loan value. This made me not eligible for financing because of the real estate meltdown. I was still paying the loan and keeping the insurance paid. 

one day a lady knocked on the door and said we had to move out because the property had been foreclosed on. I requested 2 weeks to move and it was granted.

Then the really nice bank that wouldn't refinance the loan sued me and got a judgement against me. Now in 2019 I am trying to refinance my home and the bank told me that I have a judgement. 

The judgement showed I owe them $197,000 because they sold the property for $80,000. The 2.5 acres were worth more than that. 

How can I get a judgement removed from my name? Can I settle with a bank for a judgement?

If I had the money I would just pay the bank what I owe them, but it pisses me off that I was not notified about the lawsuit.

Most Popular Reply

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Jay Hinrichs
#1 All Forums Contributor
  • Lender
  • Lake Oswego OR Summerlin, NV
63,826
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43,215
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Jay Hinrichs
#1 All Forums Contributor
  • Lender
  • Lake Oswego OR Summerlin, NV
Replied
Originally posted by @Matthew Paul:

Get a lawyers opinion  

this is quite common in Texas. I always tell folks you borrow money in Texas you better plan on paying it off.. its not like other states that just take the collateral and call it a day..  

as for paying it off banks will usually take pennies on the dollar.. try to negotiate a payoff.  if you BK Your going to hurt yourself trying to borrow yet again.

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JLH Capital Partners

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