Legal Question in Real Estate Law in Texas
A 1 acre land with mfg home was purchased by a close family member. It is learned unfortunately after these were purchased there was a child support lien attached the 1.0 acre land (not mfg home) property via being the lien was on the seller at the time of sale. Seller did not provide info there was a child support lien on him at the time, and unfortunately title check was not performed by buyer. Lawyer handled transaction/deed between the two parties. Buyer, now the new owner, learned if the property had been homestead then the property would have been exempt from the lien.
To be sure the original seller did not have the 1.0 acre land and mfg home homestead where can I find this?
Did the seller have to communicate to the County or file paperwork to be a homestead or does living there primarily count as homestead without filing?
Can the new owner of the 1 acre land and mfg home apply for homestead and thus it detaches the lien from the property or does have no affect on the property by chance? Any benefit for new owner to apply for homestead if primary residence now with child support lien attached from previous seller that did not clear up before sale? Thx,
1 Answer from Attorneys
If the seller was living there and owned the property before the lien was filed, it likely was his homestead and the lien would not attach, so the purchaser would take free and clear of the lien.
There's a procedure to clean up such matters. It would be about $1,000 for me to handle.
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