Partial Release of Judgment lien
After a judgment is granted in Texas, the creditor may file an Abstract of Judgment in the property records. When it's time to sell your house, the Abstract of Judgment acts as a lien on your property. If the proper steps to resolve the lien are not accounted for, you may end up satisfying the Abstract of Judgment through the proceeds of the sale of your property.
In Texas, only certain liens may be placed on homestead property, which do not include Judgment Liens. However, the filing of an Abstract of Judgment clouds title to the property which raises an issue when it is time to sell the house or even refinance the mortgage. In order to proceed with the sale, Texas Property Code section 52.0012 provides for a Release of Record Lien on Homestead Property. However, this process, which includes preparing and filing an Affidavit after attempting to contact the judgment creditor and providing notice, may take up to 30 days or longer to complete.
In the alternative, you may reach out to the judgment creditor to obtain a partial release of the judgment lien, which will allow you to sell your house without having to go through the process provided for under the property code.
The lawyers at Gordon Lusky, LLP have experience working with judgment creditors to obtain a partial release and help clients resolve lien issues which may hold up closing on their homestead. Our lawyers also have experience navigating the Texas Property Code to ensure the proper steps are completed to release the lien in the event the judgment creditor either cannot be located or is unwilling to provide the partial release of their judgment lien.
If you have discovered an Abstract of Judgment or other judgment liens filed against you or your homestead and have questions, contact us today to see how Gordon Lusky, LLP can assist. We offer our representation for lien release on a flat fee basis and will provide a free initial consultation.
Updated on 11/15/2016