Legal Question in Real Estate Law in Texas
Abstract of judgement
Recently my dad passed away.I
recently found out my parents had a
abstract of judgement on their
homestead. How do I have this
removed? Can I remove it? And is
there such a thing as statue of
limitations?
1 Answer from Attorneys
Re: Abstract of judgement
There is a statute of limitations. It is 10 years plus a 6 month appeal period. Homesteads are exempt from attachment of a money judgment. The problem is, when Dad passed away, the property was no longer his homestead. If Mom is alive and she lives there, the judgment is not attached. To remove an attached judgment, negotiate with the creditor - maybe you can get a discount. Then, after payment is made, you will need a release of judgment from the creditor to file in the real property records to clear title. Good luck.
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