Judgment Liens and Your Homestead

Your homestead cannot be foreclosed if you have a judgment from an old credit card case. The holder of the judgment will likely file the judgment in the deed records of the county. This “cloud” on your title may impact your ability to convey your home or refinance it.

If you are attempting to refinance your home or sell it and purchase another home, you can file a “partial release of homestead lien affidavit” in the County records. This will likely satisfy the title company. The judgment will still be active, but it will not stop you from selling your homestead.

Before you can file this affidavit and protect your homestead, you have to give 30 days notice no the judgment holder as well as its attorney. You have to send the notice to all of these parties by certified mail, return receipt requested. After 30 days, you can execute the affidavit and file it with the records. The property code outlines exactly what must be in the affidavit.

This is a timely and complex matter. If you are even thinkgin about putting your home on the market or refinancing your home, contact us immediately to get the process started. This is not a procedure that can be done in a few days. Call 800-862-1260 or 210-222-2288 (in San Antonio).