Ask a Lawyer and Get Answers to Your Legal Questions
I hope you found my answer helpful, please click on the GREEN ACCEPT for my answer. This is necessary for me to be paid for my work and so that I can get credit for assisting you. Your question will not close, and you will still have the opportunity to follow-up if needed. Leaving a bonus and positive feedback is not required, but doing so is certainly appreciated!
If you have additional questions, please keep in mind that I do not know what you already know or don't know, or with what you need help, unless you tell me. Please consider that I am answering the question or question that is posed in your posting based upon my reading of your post and sometimes misunderstandings can occur. If I did not answer the question you thought you were asking, please respond with the specific question you wanted answered.
Also remember, sometimes the law does not support what we want it to support, but that is not the fault of the person answering the question, so please be courteous.
There can also be a delay of an hour or more in between my answers because I may be helping other customers or taking a break.
From an article of "Limitations Of The Texas Judgment Lien" Texas exempts your debtor's personal residence from the power of a judgment lien. It's called a "homestead execption." Even though your lien doesn't attach to the debtor's homestead, it does create a cloud on the debtor's title to his home. In other words, you can make it difficult for the debtor to sell his home because your lien creates a question of ownership. Because of this "cloud" you must release the lien as to the homestead. You don't have to do it until the debtor asks you to do so. But, if the debtor asks, you have to release it. If you don't, the debtor can sue you for damages.