Legal Question in Real Estate Law in Texas

Re: texas declaration of homestead

If your title company insists on paying the judgment, then find another title company who understands the law. You can change horses if the problem arises.

Re: texas declaration of homestead

Technically, they can't cloud a title to a homesteaded property in Texas. Also, if you use funds from the sale of a homestead to purchase a new homestead within the statutory time line, they can't get the funds from the sale of the home as well. That being said, many title companies refuse to issue a title policy on the sale of a house when there's an abstract. You therefore need something from the creditor exempting the homestead from the lien. THis is also a good time to speak with the creditor to see if there is a chance at settling the underlying debt (perhaps at a discount) and just getting rid of the whole deal.