Legal Question in Real Estate Law in Texas

Re: Abstract of Judgement against Homestead

You need to have your own lawyer review the abstract. If it didn't attach to the homestead, or it specifically excluded a homestead, then you need to do nothing. If you are clouding title to a homestead, then you may have a problem, as the Texas Constitution and Property Codes forbid most liens against a homestead. You may take this opportunity to settle the entire lien outright with the debtor. THink about taking a reduced amount if they repay you with the refinance. Have your attorney negotiate this for you.

Re: Abstract of Judgement against Homestead

They are at a title company that doesn't understand the law. That requirement should have not been made. A release is not necessary.

Re: Abstract of Judgement against Homestead

Maybe. If the house was their homestead before the abstract was filed, the judgment lien does not attach. If the judgment lien was already abstracted when the property was acquired, the real estate MAY be encumbered by your lien. Unable to say for sure without more facts. There is a case that held a creditor liable for not releasing an abstract on a valid homestead.