Legal Question in Real Estate Law in Texas

Equitable Lien in Texas

In my divorce decree, my ex got the home, and I would continue to pay the second mortgage until it was paid off, or until she sold it, at which time she would pay back to me what I had paid on the loan. She recently refianance the home and paid off what was left on the second mortgage, and said she would not pay me back until she sold the home. I will have no way of knowing when she sells it. Should I file a lien against it, and if so what kind of lien, and where can I find the forms online to do so. She resides in Texas, and I live in New Mexico. Thank you. Bill


Asked on 3/07/07, 8:18 am

1 Answer from Attorneys
Cheryl Rivera Smith The Smith Law Firm

Re: Equitable Lien in Texas

Just file an affidavit of fact concerning her obligation. Be sure and cite the names, the terms of the obligation, and complete legal description of the property. Then, file with the county clerk.

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Answered on 3/07/07, 11:17 am


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