Who Can Put A Lien On Your House In Texas?
- Joe Thomas
How Does Someone File a Lien Against My Texas Home? – A creditor may file a judgment lien with the county clerk in any Texas county where the property is situated or where the debtor owns real estate. A judgment lien remains on the debtor’s property for 10 years, regardless of whether the property changes hands.
- Before attempting to sell the property, it is crucial that you resolve any lien concerns.
- The likelihood that someone will purchase a home with an existing lien is significantly lower.
- There are a number of factors that influence a creditor’s ability to collect on a lien in Texas.
- If the property in dispute is the debtor’s primary residence, they will be able to claim a set sum (such as your home).
It may also be influenced by the quantity of liens involved or by bankruptcy concerns.
In Texas, can a creditor place a lien on my home for an unsecured debt?
A creditor that successfully sues you for debt in Texas and wins might impose a “judgment lien” on your real property. They may be able to collect the money they are owing from the proceeds of the sale if you sell the property.
How are liens filed on a property?
The guidelines for the issue of a judgment abstract can be found in Section 52.002 of the Texas Property Code. Unless you are represented by a counsel, the justice of the peace court must issue the abstract of judgment. On the websites of some Texas justices of the peace is a form to seek the issuing of an abstract of judgment.
- If your justice of the peace court does not provide a form, you will need to contact their office for instructions on how to seek an abstract of judgment.
- Once the abstract of judgment has been issued, it may be filed with the county clerk in the jurisdiction where the real property is situated.
- The county clerks will charge a fee to record this document in the land records.
Check the website or contact the office of the county clerk for the current fee schedule. Refer to the below sites for further information about filing a judgment lien.
How can I remove a lien on a Texas property?
Release Of Lien Texas Form – To demonstrate that a lien has been formally removed from a property, you must register a document known as a “lien release” in the real property records of the county in which the property is situated. A lien release is the removal of the lien claim from a specific piece of property.
- Once complete payment has been delivered, a lien release is expected to occur.
- Occasionally, though, contractors fail to discharge a lien, compelling the property owner to pursue litigation.
- The reason for this is that it is difficult for the property owner to sell or refinance a property with a recorded lien on it.
To learn more about a Texas release of lien, speak with an expert real estate attorney in your area.