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KimberlyLaw
KimberlyLaw, Attorney and Real Estate Broker
Category: Real Estate Law
Satisfied Customers: 4198
Experience:  13 years of experience in real estate law: Foreclosures, Landlord-Tenant, Condo/Coop, Property Law, Deeds, Purchases/Sales, Estates.
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I have a lien on my townhouse from a credit card Chase. It

Customer Question

I have a lien on my townhouse from a credit card Chase. It was opened in 1998 per Chase. It as turned over attorney Rober Miller. I have asked for records showing charges and they can't produce them. I had read that if you homestead a lien can't be placed . I am 66 and need to sale my townhouse , to move closer to my son. I live in Bmt Tx. And he lives in Houston. Chase said they can't remove the lien. It was filed in 2009.
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  KimberlyLaw replied 1 year ago.

Hello, I am happy to assist you today.

Actually, the homestead will protect you. However, the lien can still be filed. What happens is when you sell, the amount of your homestead will protect you for that amount, and then any equity over that amount the lien could be enforced against.

For example, if you sell the home for $500k, and you have a homestead for $200k, liens will be paid off at the closing from the remaining $300k equity.

I hope this helps,

Kim

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