Search Site
2190 N. Loop West, Suite 333 | Houston, Texas 77018

Removing a Lien Put on Your Home by a Texas Judgment Creditor

Texas law protects homeowners from certain debt collection practices. One of the protections is the “homestead exemption,” which in general prohibits a creditor from forcing the sale of a debtor’s home to collect on a debt. If a creditor nevertheless takes action against homestead property, the debtor has legal remedies available.

When a creditor sues a debtor for nonpayment and wins a judgment, the creditor can put a lien on the debtor’s property. A lien is a legal notice that the creditor is attempting to collect the judgment from the value of the property. Creditors can put liens on most any home because it is up to the owner to show that the Texas homestead exemption applies. Not all homes qualify for the exemption. The homestead law allows debtors to shield only their primary residence from creditors collecting debts.

A property lien can be a big problem if and when the owner decides to sell or refinance the home. The lien shows up on the land records associated with the property and is called a “cloud on title.” A prospective buyer or refinancing lender will insist on the lien being cleared from the title before completing a sale or refinance. Removing the lien then becomes a time-sensitive priority for the homeowner.

Fortunately, Texas law provides a procedure for discharging certain liens placed on homestead property after September 1, 2007. Qualifying debtors may obtain partial releases of judgment liens so that they don’t affect subsequent purchasers or mortgagors. However, the procedure applies only to homesteads that meet the law’s definition. Furthermore, the process can be complicated and there are strict time and documentation requirements, all of which require the attention of a skilled debt defense attorney.

If a creditor threatens to put a lien on your home or has already done so, you should seek the advice and counsel of an experienced attorney. At the Law Office of David A. Fernandez, P.C., we focus our practice on consumer protection law. Please contact us online or call 713-893-8509 for an initial consultation.

Leave a Reply

Your email address will not be published. Required fields are marked *

Our Recent Lawsuits Filed Against Creditors
  • "MC vs. Conn's" - $553,000

  • "LC vs. Conn's" - $1,026,000

  • "AR vs. Conn's" - $778,500

  • "BB vs. Conn's" - $672,000

  • "GD vs. Conn's" - $636,000

  • "David Fernandez won my case against Midland Funding. What a relief. Thanks so much" - Anthony

  • "David fought multiple of our suits and won when every other lawyer said it wasn’t possible. So thankful for his services" - Jennifer

  • "This guy is the BEST Lawyer I've ever hired. I've been in business for over 46 years and have NEVER won a lawsuit until now! Highly Recommended" - Ron

  • "Mr. Fernandez was the best! He took care of me when my own company's lawyers program did not. I will always recommend him" - Linda

  • "Mr. Fernandez goes above and beyond to help his clients. I highly recommend his law office." - Lorie A.

In the News
  • Texas woman receives a $17,000 bill for a 2-mile ambulance ride

    HOUSTON, TX - Some rides can be very, very expensive. What started as a fun weekend with the gal pals in Galveston, ended in more than a big headache...

  • David A. Fernandez, Attorney Of The Month

Contact us

Quick Contact Form