Real Estate Law
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In order to determine if the liens can be discharged we need to know which of the abstracts of judgment were filed after September 1, 2007.
Were all three judgments obtained after that date?
Let's fist make sure that when you say the lien was filed, you mean to say that is when it was recorded in the county deed records as opposed to the date the judgment was signed by the court. So, when was the judgment signed on the August 27th one?
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There is not much that can be done about the August 07 abstract. You may just have to pay that one off before a lender will approve a loan for the pool because even if that lender cannot force a sale, if a sale of the home ever occurs, that lender will need to be paid and paid with interest.
For the 2008 abstract- Property Code Sec. 52.0012, which became effective September 1, 2007, provides a procedure for releasing homestead property from a judgment lien. Property Code Sec. 52.0012 provides for the filing of an Affidavit that must substantially comply with the form that appears in that 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 done properly, your affidavit serves as a release of the judgment lien as to the homestead property. Also, then the mortgagees are entitled to rely absolutely on your affidavit.
So, contact the judgment creditor or its attorneys and inform them that the lien is currently showing against the homestead and formally demand that the creditor execute a partial release or legal action will be taken without further notice. The legal basis for this demand is Tarrant Bank v. Miller (833 S.W.2D 366) which decided that a judgment creditor was liable in damages if it failed after demand to give a partial release of a judgment as to the debtor’s homestead.
See here for property code 52 details.