Legal Question in Real Estate Law in Texas

I am a money judgment creditor. Last September, 2015, the judgment debtor and his ex-wife purchased a house secured by a mortgage. The judgment was not disclosed on the mortgage application. The deed and deed of trust were signed as HUSBAND AND WIFE. Early in October 2015, the husband signed a quitclaim deed. Can I still place a lien on the property, what are my options and how will mortgagor and title insurer likely react?


Asked on 4/03/16, 6:32 am

1 Answer from Attorneys
Joseph A. McDermott, III Attorney at Law

Unless you had an abstract of judgment on file at the time the property was acquired, you're out of luck.

If the property was their homestead when acquired and remained such until the husband deeded his interest away, you're out of luck.

If neither of these are true, you can likely foreclose your lien.

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Answered on 4/03/16, 10:06 am


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