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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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