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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 118128
Experience:  Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
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I have a property lien for taxes, signed by the property

Customer Question

i have a property lien for taxes, signed by the property owner. Do I have to release any portion of the property if the lien is not paid in full? Actually no payments have been made yet.
i know i can not lien on the "homestead", but what amount of property qualifies as the homestead if it has not been surveyed out?
Submitted: 9 months ago.
Category: Real Estate Law
Expert:  Law Educator, Esq. replied 9 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
No, if you have a tax lien for property taxes you do not have to release anything including the homestead (as tax liens are different than judgment liens) if the lien is not paid off in full. Texas Property Code Sec. 32.05. PRIORITY OF TAX LIENS OVER OTHER PROPERTY INTERESTS, states "(a) A tax lien on real property takes priority over a homestead interest in the property."
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