Do I need a release of an abstract of judgement in order to sell my primary residence?

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Do I need a release of an abstract of judgement in order to sell my primary residence?

Not mechanics lien; personal homestead. Title company says yes but believe this is just the easiest process for them while affording additional protection to underwrite and issue a clean policy. O do not think abstract of judgements can attach to personal homestead?

Asked on March 17, 2011 under Real Estate Law, Texas

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

An abstract of judgement is a copy or a summary of a judgement that, when filed properly, becomes a lien against the debts non-exempt property.  A creditor can require that property that is non-exempt be sold to satisfy the debt. And you are right that in Texas your Homestead - as long as it qualifies as such - cannot be sold to pay of a credit card debt and most other debts - except foreclosure and IRS debt - but a lien could still be placed on your homestead by a judgment creditor and it will need to satisfied when attempting to sell the house. So the title company can ask that you pay the debt or they won't issue title insurance or they may require you to get a court order proving that this property is in fact your homestead. Hope this helped.


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