Question Can they put a lien on your house in Texas?

[Chabelo]

I am being sued for a repo, my truck was repoed back in Jan-2010, they sold it , really cheap and now they want me to pay for the difference, which is a lot and I mean a LOT
can they put a lien on my house? I live in Texas and my house is homestead.

[BKParalegal]

Yes and no. If they file the judgment it attaches to anything titled in your name and so it will cloud your title on your homestead, but if you petition the court (BK or district) due to the homestead exemption the creditor has to release the lien specific to your homestead only. If they don't then you can pursue damages and fees.

If you file BK after a judgment has been entered then have your attorney file a motion to void lien in BK court and then file the judge's order with the county clerk, this will automatically remove the lien against you.

Good luck

[despritfreya]

If they file the judgment it attaches to anything titled in your name and so it will cloud your title on your homestead. . . If you file BK after a judgment has been entered then have your attorney file a motion to void lien in BK court and then file the judge's order with the county clerk, this will automatically remove the lien against you.

It is not necessary to file a 522(f) Motion in Texas.

Folks, when dealing with a judgment lien the need to file such a Motion depends upon the State exemption laws. As pointed out, Arizona's law provides that a judgment is only a lien on real property if that property is not a homestead, or, if a homestead, has equity over $150k. Texas is even better since the homestead is unlimited. Since a 522(f) motion only applies to exempt property (up to the value of the exemption), filing such a Motion can be a waste of time and money as it relates to a homestead.

The following laws apply in Texas:

Sec. 52.00. ESTABLISHMENT OF LIEN.

An abstract of judgment, when it is recorded and indexed in accordance with this chapter,. . . constitutes a lien on and attaches to any real property of the defendant, other than real property exempt from seizure or forced sale under Chapter 41, the Texas Constitution.

Chapter 41, Sec. 41.001. INTERESTS IN LAND EXEMPT FROM SEIZURE.

(a) A homestead and one or more lots used for a place of burial of the dead are exempt from seizure for the claims of creditors except for encumbrances properly fixed (consensual liens, property taxes etc.) on homestead property.

Sec. 52.0012. RELEASE OF RECORD OF LIEN ON HOMESTEAD.

(b) A judgment debtor may, at any time, file an affidavit in the real property records of the county in which the judgment debtor's homestead is located that substantially complies with Subsection (f).
( c) Subject to Subsection (d) and except as provided by Subsection (e), an affidavit filed under Subsection (b) serves as a release of record of a judgment lien established under this chapter.
d) A bona fide purchaser or a mortgagee for value or a successor or assign of a bona fide purchaser or mortgagee for value may rely conclusively on an affidavit. . .

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Again, before you needlessly run up legal fees or get involved in the ins-and-outs of filing a 522(f) motion, check your State's exemption laws.

Des.