Legal Question in Real Estate Law in Texas

abstract of judgement

I have an abstract of judgement against me by a credit card company. I am in the process of selling my house in Texas and the title company is saying that the abstract of judgement has to be satisfied at the closing table. I filed a homestead exemption on the house when I purchased it. How true is this?


Asked on 2/03/08, 4:04 pm

2 Answers from Attorneys
Cheryl Rivera Smith The Smith Law Firm

Re: abstract of judgement

This often happens with inexperienced closers. An Abstract of Judgment does not attach to the homestead by statute. Have the closer contact her underwriting attorney to have this requirement waived. If they fail to do so, then change title companies and find one who knows the law.

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Answered on 2/04/08, 7:52 am

Re: abstract of judgement

Have an attorney write a letter to the credit card company threatening to sue them for slander of title. They should issue a lien release in a few days. In the alternative, offer them x cents on the dollar to pay the judgment and give a FULL release. I prefer the latter, because it gives you a chance to make them go away forever. Either way, you should have an attorney do this for you, to make sure it's done correctly.

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Answered on 2/03/08, 5:30 pm


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