Legal Question in Real Estate Law in Texas

I live in Dallas County I went today to file a Homestead Affidavit As Release of Judgment Lien and was informed I could not file it because the AJ holder has to provide the release. I followed the instructions in the affidavit by notifying the lien holder of my intention and gave them 30 days to respond. If I followed the instructions on the affidavit why would they not allow me to file it? Am I missing a step? The lien is for credit card debt against a homestead. I have done everything possible to obtain a partial release of lien, but they will not respond to any requests that have been sent to them.


Asked on 4/19/12, 10:07 am

1 Answer from Attorneys
Donald McLeaish McLeaish&Associates;, P.C.

judgment creditors for debts other than taxes/home improvments/home loans..are NOT liens..but merely judgments. Frequently credit cards obtain default judgments..which may be removed by attacking the claim..but call us if you wish to discuss. It is not easy..and the homestead affidavit does not release the lien....in fact such creditors may attach the proceeds of a homestead sale after 6 months..etc..just a real complication

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Answered on 4/19/12, 1:03 pm


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