Legal Question in Credit and Debt Law in Texas

Property Lien ?

We recently lost our home due to my job loss of 16 yrs. We were unable to file bankruptcy and have no other property. The home has been auctioned and the 1st lien holder was paid all but $ 5k and the 2nd was left with about $34k, my question is if we were to somehow now be able to purchase a home would the previous lien holders be able to attach the new home in some way. We are almost retirement age...and have nothing now to show for all our hard work.

I recently had a break down due to all of this, and trying to find my way back.


Asked on 2/28/07, 6:28 pm

1 Answer from Attorneys
Peter Bradie Bradie, Bradie & Bradie

Re: Property Lien ?

If the second lienholder gets a judgment against you, they can file an abstract of judgment that gives them a lien interest on all property in the county where filed. That does not defeat your homestead exemption from levy and sale, because the purchase money interest from the first home doesn't attach to the second.

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Answered on 2/28/07, 6:45 pm


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