Partial Release of Judgment Liens in Texas
Firm works to obtain removal of judgment lien that cloud homeowners’ title
If a creditor has filed an abstract of judgment against your home, your property rights are significantly restricted. The cloud on your title that results from a judgment lien might prevent you from selling the property or using it to secure a refinanced mortgage or home equity loan. Fortunately, there is a solution, and the legal team at Tom Thomas Legal, P.C. can guide you through the process of obtaining a partial release that ensures you maintain control over your residential property. With six locations throughout Texas, we are ready to assist anyone in the state who is concerned about losing their home.
Primary residences are protected under the Texas Property Code
Under Section 52.0012 of the Texas Property Code, a homeowner has the ability to remove the infringement on the property where they live. This stems from the state law that allows residents to safeguard their “homestead” against seizure by creditors. In other words, no matter how much you owe in personal or business debt, you cannot be forced into selling your home. If you have lost a lawsuit and receive notice that an abstract of judgment filed by the winning party includes the property where you live, a debt defense lawyer from our firm can help you shield your home by pursuing a partial release.
The Homestead Affidavit as a Release of Judgment
We can communicate with the creditor to inform them that the property they’ve named in the abstract of judgment is your primary residence and therefore not subject to the attachment of a lien. If they do not relinquish their interest voluntarily, we will prepare a Homestead Affidavit as Release of Judgment Lien where you declare that the property in question is your primary residence. This is then sent to the judgment creditor, who should give up their claim. In certain situations, a judgment creditor might allege that a fact issue exists as to whether a given property qualifies for the partial release. As an accomplished firm with extensive experience representing Texans in credit card debt litigation and other matters, you can count on us to fight effectively for your interests.
Our firm will go over the documents and information you need to complete the process, such as the abstract of judgment, the deed to the property and confirmation that the parcel in question is being used as your primary residence. If you have trouble locating the creditor, we can assist there, as well.
Contact a Texas lawyer for a free consultation about releasing a judgment lien
Tom Thomas Legal, P.C. advocates on behalf of clients across Texas who are seeking a partial release of a judgment lien so they can remain in their homes. We also assist with a wide range of other debt defense matters. You can call us at 855-898-3328 or contact us online to schedule a free initial consultation. Our firm has offices in in Dallas, Houston, Austin, San Antonio, El Paso and Fort Worth.
