Date Received: 2018-10-30T00:00:00.000
Product: Credit card debt
Issue: Took or threatened to take negative or legal action
Consumer Consent Provided to Share Complaint: Consent provided
Consumer Complaint: On XX/XX/XXXX, XXXX filed a judgement against my homestead property in Texas. We have owned and lived in and claimed this home as our homestead since XXXX. The property address is XXXX XXXX XXXX, XXXX, TX XXXX. The judgement Case # XXXX, Instrument # XXXX. This judgement was for an unpaid credit card debt. I acknowledge the debt, however, the judgement should not have been placed on my homestead property. I have been unable to refinance my home due to this judgement. I’ve tried to work with XXXX and then Capital One ( judgement was sold from XXXX to Capital One ) since XX/XX/XXXX when I discovered the lien. They prepared a partial release but it was never recorded. When we tried to refinance our home in XX/XX/XXXX, I discovered that the release had not been filed. I’ve been trying to work with them to re-prepare the release and get it re-filed since XX/XX/XXXX but I’ve had no luck. I most recently spoke with XXXX, XXXX, XXXX and XXXX at XXXX who have all attempted to assist, however, they’ve been unable to provide either an original release for me to file or have their legal team send the release to the county for recording. I need to refinance my home as I was recently ( XX/XX/XXXX ) laid-off and had to take a job paying considerably less. Capital One is preventing me from doing so and as a result I may lose my home and ruin my credit because I can not pay my bills at my reduced salary. My account # with Capital One is XXXX. I am happy to file the release myself ; I just need them to prepare it and send me the original so that I may do so. Again, I have been trying to resolve this issue since XX/XX/XXXX.
Company: CAPITAL ONE FINANCIAL CORPORATION
Company Response to Complaint: Closed with explanation
Was Company Response Timely: Yes
Did Consumer Dispute Company Response: N/A
Complaint ID: 3060382
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