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.
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.
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)!