Legal Question in Credit and Debt Law in Texas
Homestead Protection from CitiBank
In October 2004 a judgment was granted against me from CitiBank. How do I verify my home is homesteaded? I called my county tax office, and they verify there is a homestead exemption on my tax account, but said that was to keep a cap on my property value and lower my school district taxes. They told me they did not believe this homestead exemption protected me from legal action. When your online questions refer to a residence being homesteaded, how do I make sure I have done that, and am protected from the creditor?
Thank you,
2 Answers from Attorneys
Re: Homestead Protection from CitiBank
If you have filed correctly in the tax office so your home shows as your homestead and it is, in fact, your homestead, meaning it is your personal residence, it is by definition your homestead and protected from creditors (other than your mortgage company or IRS).
Re: Homestead Protection from CitiBank
"Homestead" is actually a factual, legal designation. If they move to sell the property you object, stating that the property is your homestead and therefore exempt from sale. If challenged, you need to prove that it's your permanent residence, and that is what establishes homestead from the standpoint of protection from creditors.