Legal Question in Real Estate Law in Texas

An ordinary judgment lien doesn't attach to homestead.

You need to record a Designation of Homestead in the county deed records in substantially the following form:

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DESIGNATION OF HOMESTEAD

THE STATE OF TEXAS '

'

COUNTY OF '

JOE SMITH of County, Texas, being first duly sworn on his oath, hereby deposes and states as follows:

"I, Joe Smith, am the owner of the following described real property located in , County, Texas:

All that certain tract or parcel of land situated in the City of , in County, Texas, and being part of original Lot No. 72 in Block No. 56 and described as follows:

BEGINNING in West margin of right-of-way of U.S. Highway No. 14 � [etc.]

The property described above is used and occupied by me as my place of residence and/or as the place for the exercise of the calling and business which I own and operate, and is claimed, designated, and set aside by me to be my homestead under the Constitution and laws of the State of Texas, to the exclusion of any other property owned, claimed, or held by me. The original grantees of the property described herein are .

WITNESS MY HAND on , 2011.

JOE SMITH

THE STATE OF TEXAS '

'

COUNTY OF '

This instrument was acknowledged before me on , 2011 by Joe Smith.

Certainly proposal of affidavit of homestead should cure the problem if judgment was after you obtained homested. I judgment was before u obtained homestead, you probably had valid defense to credit card default judgment...but one needs a copy of judgment/pleadings and then file suit to set aside as Bill of Review or

writ of error...depending on size of judgment..but if not economical, negotiate with competent lawyer