Legal Question in Real Estate Law in Texas

An abstract of judgment was attached to our homestead in 1990 and keeps renewing. This attachment was from a man who my husband signed a business lease with and broke the lease because his business failed. My question is: We have a rural homestead with 132 acres in Texas and would like to sell 25 acres to put towards our mortgage. Will this abstract of judgment be a problem. Is our homestead exempt? Thank you for your consideration. ~ Rhonda


Asked on 8/22/11, 8:24 am

1 Answer from Attorneys
Joseph A. McDermott, III Attorney at Law

The judgment lien does not attach to your homestead, as long as the property was your homestead at the time of abstracting and has continued as such since. You should make demand in writing that the creditor release your entire homestead from the abstract. If he does not, you can sue to remove the cloud on your title and recover damages and attorney's fees.

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Answered on 8/22/11, 10:15 am


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