How to remove abstract of judgment in State of Texas (homestead)

Asked about 2 years ago - Amarillo, TX

Can this be done without an attorney?

Attorney answers (2)

  1. Michael Wayne Weston

    Pro

    Contributor Level 11

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    Answered . There are two options. You can obtain a full release of the abstract of judgment from the creditor or you can file your own partial release of the abstract of judgment as it relates to your homestead. To obtain the full release from the creditor you need their cooperation. You can either settle the judgment in exchange for the release or you can send them a demand letter to send you a release or sign a release you prepare because they are clouding title on your exempt homestead. Some creditors may ignore the demand or point you to the provision in the property code that allows for you to file your own partial release.

    The partial release option is done pursuant to Property Code Section 52.0012. If followed correctly, this would release the abstract as it relates to your homestead only. Some title companies may require a full release if you try to sell or re-finance your homestead but others are fine with a partial release.

    After obtaining either release, it has to be filed in the real property records where the abstract of judgment was filed. You may want to consider hiring an attorney to assist with this process because the releases need to be very specific and done properly in order to be effective.

    My comments are not legal advice and are for informational purposes only.
  2. Sidney Joseph Diamond

    Contributor Level 12

    Answered . Another way to remove an abstract of judgment, that impairs and exemption such a judgment lien on your household is to file a bankruptcy and move to have the lien removed. Obviously that is an extreme measure that would depend on the size of the judgment, your other debts and your assets.

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