I’m looking for clarification please. In the state of TX, are Abstract Judgements wiped out through foreclosure of the first lien. Found a house with two judgements against the owner. One of them also names his brother who is not on title to the house.???
Judgments are not wiped out to the best of my knowledge after foreclosure. Only the liens that are voluntary by the borrower is what I have always been told. Even on homestead property you can not force a sale against the homestead by trying to satisfy a judgment but you can collect once the house has been sold or foreclosed on.
Thanks tdjr for the info!
If a judgement is recorded after the first lien the security i.e. is cleared when the first forecloses. The judgement stays against the person and you can only try to collect against non-homestead property.
If a homestead is sold to another homestead the judgement has to be lifted and can not be enforced against the new homestead owner. It the house were sold to an investor as rental then the judgement could be enforced against the property by using a writ of execution to sell on the courthouse steps.
Can someone explain to me what is a Homestead??
A homestead is the house that you own and also live in. In Texas, a home owner is allowed an exemption on their real estate taxes for their homestead (a reduction in the assessed value).
Please correct me if I am wrong! You are afforded protection in Texas if you claim your Homestead! If you ever get a loan on your Homestead those rights are waved? Then you could be sued with your home included in your tangible assets!
I am not a lawyer, but this is the first time that I have ever heard about this. I would think that your assertion would not be correct because most properties are obtained with a loan. To be quite honest, I don’t know.
PS - You are afforded homestead protection in Texas even if you do not claim the deduction on your taxes. Any house that you own and live in as your primary residence is considered your homestead.
Homestead can have several different definition. Homestead for tax authorities is different than homestead for lending is different than homestead from a bankruptcy aspect. A lender in Texas can foreclose if you do not pay even if is your homestead. Your homestead can be protected in bankruptcy from a lender if you complete a reorganization plan. A judgement creditor can not enforce a judgement on a homestead. A home equity lender has to do a judicial foreclosure not a trustee sale.
And some of this is about to change with the new bankruptcy laws being voted on in Congress.
A slip of the tounge.(OOOOPS) What I ment,was if you refinance you loose the grandfather clause! They make so many new laws, its hard to keep up with all of them.
Yes,Congress is trying to change the laws to include the homested as well as any other assets! Thats just what we need. More homeless people.
If the brothers name is on the judgement, they probably used his house on a business loan as security(or some other type) . When they defaulted,the lender tried to get their money any way they could. If the brothers name is not on the title,you don`t have to clear his name off the title; Just deal with the original deed and keep your (KOOL) or hire an attorney! After your first experance you will have more confidence with your actions!
just my two cents
a judgment CAN be forced against a HOMESTEAD inmost states.
A homestead means the homesteader gets his cut out of the
sale. if there is no money there, there is no sale. the homesteader is a sort of a loan holder.
eg: b/k court can sell the homestead,and give the homesteader zip,after all the attorneys get thier cut.