Limitations Of The Texas Judgment Lien

Limitations Of The Texas Judgment Lien

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The Texas judgment lien is a grand tool in the judgment collection process. Its power lies in its potential to attach your judgment debt to the debtor's real property. But, there are limitations to that power. What I said. It isn't the conclusion that the real about Auto Accident Attorney Dallas. You see this article for info on that want to know is Auto Accident Attorney Dallas. Auto Accident Attorney Dallas It Only Attaches to Some Real Estate A Texas judgment lien only attaches to real estate your debtor owns. It has no effect on the debtor's personal property. Now suppose your debtor does own a home in Texas. Your would, of course, assume that your lien attaches to that home. But, it doesn't. Texas exempts your debtor's personal house from the power of a judgment lien. It's called a "homestead exemption." Even though your lien doesn't attach to the debtor's homestead, it does generate a cloud on the debtor's title to his home. In other words, you can make it difficult for the debtor to sell his home because your lien creates a demand of ownership. Because of this "cloud" you must publish the lien as to the homestead. You don't have to do it until the debtor asks you to do so. But, if the debtor asks, you have to publish it. If you don't, the debtor can sue you for damages. It Attaches to Later Acquired Real Estate Your judgment lien isn't slight to real estate the debtor owns on the date you generate the it. It also applies to any non-homestead real property he acquires at any time after you get a judgment. So, if your judgment debtor buys a rent house after you generate get a judgment, your lien does attach to that rent house. It Attaches to Inherited Property When a man dies in Texas, his property immediately becomes the property of his heirs. But, the property is first field to payment of the debts of the deceased. This is true either the man dies with or without a will. If you have a judgment against one of the heirs, it immediately attaches to the inherited property. An executor of the deceased person's estate can, however, sell the property free of your lien. But, he can only do so to pay debts of the deceased. The Texas Judgment Lien is a grand collection tool. But, it does have limitation. Being aware of both its power and its limitations will help you make the best use of this tool in your collection efforts. I hope you have new knowledge about Auto Accident Attorney Dallas. Where you may offer used in your evryday life. And most of all, your reaction is passed about Auto Accident Attorney Dallas. Read more.. Limitations Of The Texas Judgment Lien.