Legal Question in Real Estate Law in Texas
We live in Texas and have judgements (Credit card debt). We spoke with a Realtor about selling our home. She informed us we must pay these judgements out of the equity from home sale. I thought I had read that this was not the case because of the homestead laws. Please advise.
Asked on 3/05/12, 7:45 am
2 Answers from Attorneys
Donald McLeaish
McLeaish&Associates;, P.C.
It is not correct legally but practically no title company will insure the sale to a buyer with outstanding debts of seller on record..as judgments..Hence, get the list of judgments..call us or any consumer lawyer to eliminate the judgments as liens....
Answered on 3/05/12, 7:49 am
Joseph A. McDermott, III
Attorney at Law
You can demand that the judgment creditors release your homestead. If they don't they can be liable. Someone should turn your broker in for unauthorized practice of law.
Answered on 3/05/12, 12:25 pm
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