Legal Question in Credit and Debt Law in Texas

collecting on a judgement

I have a judgement filled in the county where a debtor has a home he has finance and I think is about to be foreclosed on. His home is homesteaded. If he is foreclosed on, will I get my money?

There is also another piece of property that is not homesteaded that I believe was left to him when his father passed away. The tax appraisal office lists it in his name with the following letters after his name, ''ET'' and ''AL''. What do these letters mean? Can I file for seizure of this land for auction to satisfy my 3500.00 judgement?

Any help is appreciated.

Charlie


Asked on 9/20/04, 11:16 am

1 Answer from Attorneys
Peter Bradie Bradie, Bradie & Bradie

Re: collecting on a judgement

If the mortgage company is about to foreclose on the homestead, any money they receive over their debt, costs, etc., goes back to the homestead holder. That money has the characteristic of homestead for six months and can't be touched.

The "et al" tells you there are other owners as well. The debtor owns an undivided fractional share of the property. You may be able to force a partition and sale, but that's something you'd best have a lawyer for since one of the part owners may have that property as a homestead as well and block a forced sale.

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Answered on 9/20/04, 12:20 pm


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