Legal Question in Real Estate Law in Texas

Judgement proof?

I own a home that was my homestead prior to re-marriage and moving into my husband's homestead. I also own a duplex that is used as a rental for my income. All real estate was owned prior to marriage. His ex is suing us for supposedly forging her name on a 'interest rate modification' done after the divorce and her name removed from title (but not from loan). The notary involved kept no accurate records and does not recall what the person looked like. The rental was purchased to provide college funding for them and I really hate the thought of losing it. Also, my marriage now is not very secure and I don't want to lose my previous homestead. If suit is decided in her favor, is there a way now that I can protect what I have for my children? Also, what does it mean to 'foreclose on a judgement'?? Thanks sooo very much for your help


Asked on 6/01/01, 3:23 pm

1 Answer from Attorneys
Lawrence Maun Lawrence J. Maun, P.C.

Re: Judgement proof?

Your former homestead and rental appear to be your seperate property. If your spouses former wife gets a judgment only against your husband, your seperate property should not be afftected. If the judgment is also against you, and is recorded in the real property records in the county where the property is located there would be a judgment lien on your property. The former wife could then proceed to have the constable foreclose on the judgment lien. If you are going to seperate from your current husband and move back into your former homestead before the judgment is filed, and declare the property your homestead, the lien would not attach to it. L. Maun 713.266.2560

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Answered on 6/27/01, 4:49 pm


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