Real Estate Blog

Texas has some of the strongest homestead protections in the country. But can a judgement still create a problem when a Texas homeowner tries to sell or refinance a homestead?

Yes. An ordinary judgment lien generally does not attach to property that qualifies as a Texas homestead, but an abstract of judgement can still appear in the real-property records and create a title problem. Texas Property Code § 52.0012 provides a statutory procedure for addressing this exact problem.

For lawyers representing judgment debtors, creditors, purchasers, or lenders, understanding the ...