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Maverick, Attorney
Category: Bankruptcy Law
Satisfied Customers: 6423
Experience:  20 years of professional experience
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I own my home but want to let a lien on our barge go back to

Customer Question

I own my home but want to let a lien on our barge go back to the dealer. I am disabled and my husband is on social security and I want to know can they put a lien on my home that is paid for I live in texas
Submitted: 2 years ago.
Category: Bankruptcy Law
Expert:  Maverick replied 2 years ago.
Welcome to Just Answer! My name is Maverick. I very much enjoy what I do and I hope that you will benefit from this information.
ANS: While they can put a lien on the home, you can just as easily remove it if this is your homestead.
A Texas judgment when properly abstracted in the real property records “constitutes a lien on and attaches to your real property, other than real property exempt from seizure under Chapter 41, the Texas Constitution, or any other law, that is located in the county in which the abstract is recorded and indexed. (Texas Property Code Sec. 52.001). So the lien arises when the abstract of judgment is filed in the county deed records.
However, Property Code Sec. 52.0012 provides a procedure for releasing homestead property from a judgment lien. It provides for the filing of an Affidavit that must substantially comply with the form that appears in this section of the Code.
Filing of the affidavit must be preceded by a 30 day notice letter, sent certified mail and addressed to the judgment creditor and its attorney of record. The letter must contain a copy of the affidavit that the homestead owner intends to file in the real property records.
If this procedure is followed to the letter, your affidavit serves as a release of the judgment lien as to the homestead property. Also, subsequent bona fide purchasers and mortgagees are entitled to rely absolutely on your affidavit.
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