Posts Tagged judgment

I just sold a property that had a lien on it. The lienholder demanded the money from the sale. How long do I have to pay the lienholder?

Posted by David Leon in Business law, Contract law, Real Estate Law on 07/05/2010


As an ideal matter, a lienholder should be paid at closing. Texas penal code sec. 32.33(e) provides: a person is presumed to have intended to appropriate proceeds if the person does not deliver the proceeds to the secured party or account to the secured party for the proceeds before the 11th day after the day that the secured party makes a lawful demand for the proceeds or account.

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I have a judgment against me for a credit card debt. Can they take my house?

Posted by David Leon in Consumer & Credit, Litigation and judgments, Real Estate Law on 01/01/2010


It is unlikely. The Texas Property Code (Sec. 41.001) and Section 50(a)(6), Article XVI of Texas Constitution govern which debts can “attach” to a homestead. Credit card suits do not normally attach to a homestead, even if they are reduced to a judgment.

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I have a judgment from another state, but the defendant lives in Texas. Now what?

Posted by David Leon in Litigation and judgments on 15/02/2009


If you have a judgment, either from another federal or state court, the first thing you need to do is confirm that the judgment is final. The next step is to register the judgment in Texas. Once the judgment is registered in Texas, the defendant must be notified of the judgment transfer, pursuant to the Texas rules. Once the notice period has lapsed, you can enforce the judgment in Texas, under Texas law.

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I have a judgment lien. Does that attach to a homestead?

Posted by David Leon in Real Estate Law on 15/02/2009


Most judgment liens in Texas are not applicable to homestead property, per Sec. 41.001 of the Texas Property Code. There are exceptions to this rule under subsection (b) for items such as purchase money liens, taxes, mechanics and materialman’s liens, homeowner’s association liens, etc.

If you have a lien against the person and s/he sells the homestead, the proceeds from such sale are not subject to seizure for up to six months, per subsection (c) of the statute.

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