Legal Question in Real Estate Law in Texas
Abstract of judgement
I have a home I am selling and found out that i have a abstract of judgement but the property is homesteaded and I am using the money towards a new home how do i get the judgement released to close on the property and is there any certain form used for this?
Asked on 2/13/06, 8:26 pm
1 Answer from Attorneys
Jeffrey Hacker
Law Offices of Jeffrey R. Hacker, PC
Re: Abstract of judgement
Although the abstract is against exempt property, it is still a cloud on the title and the title company handling the closing will want the judgment released. You should contact the judgment creditor and request a partial release against your homestead. There is case law to the effect that if they don't release, they may be subject to damages.
Answered on 2/13/06, 9:50 pm
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