Lien on Your Homestead?

July 5, 2017

In Texas, a person’s homestead is protected from foreclosure on a judgment. The judgment, however, may be filed against you in the County Property Records. The abstract of judgment may “cloud” the title on your home that may prevent you from refinancing or selling it.

Partial Release of Lien

The Texas Property Code has a way to remove the “cloud” on your home. The law allows you to obtain a partial release of your judgment. While your judgment will still be on file in the County Records, you can remove the lien on your homestead.

Procedure

First, you must give notice to the debt collector who obtained the judgment as well as the attorney representing the debt collector. This notice must be sent by certified mail, return receipt requested. Next, you must execute and file an affidavit of the partial lien release. The Texas Property Code requires the affidavit to contain very specific details (which is why you need to hire an experienced debt defense lawyer!).

This procedure should satisfy your lender and/or the title company when you attempt to sell or refinance your home.

Contact Us

If you need a partial release of lien for you homestead, contact us today! Our office can prepare, file, and mail the necessary documents for just $700.00 (this includes all filing fee and postage)!

About the author:

Ben Trotter

Born and raised in Texas, Ben Trotter has called South and Central Texas home for over a decade. Ben founded his own law firm in 2015 to help those sued and harassed by credit card companies and debt collectors. His practice is devoted to eliminate or reducing any debt you may owe. Ben is also a Partner with The Rutherford Law Firm, PLLC.

To schedule a free consultation, click here.

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