Of the three types of liens (consensual, statutory, and judgment), the judgment lien is the most dangerous form, but one which the informed business owner may be able to eliminate. A judicial lien is created when a court grants a creditor an interest in the debtor's property, after a court judgment.
Texas is one of a few states that allows for 100% homestead protection, meaning your primary residence cannot be seized to satisfy most judgments. Additionally, Texas law provides exemptions for personal property, retirement accounts, and certain types of insurance policies.
A mortgage is a specific, voluntary lien. It is specific to the piece of property and is voluntary because it was agreed to by the property owner. A judgment lien is an example of a general, involuntary lien. Judgment liens can be applied against any of an individual's assets.
A Notice of Intent to Lien is a formal warning sent to property owners and general contractors that a mechanic's lien may be filed if payment for work or materials is not received. This critical document, also known as a pre-lien notice, is often the first step in how to file a lien for unpaid work in Texas.
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One of the ways to collect on a judgment is by placing a lien on real property owned by the debtor. Some types of real property are exempt from having a judgment lien placed on them. Homestead property is the most common exemption.
A mortgage is a specific, voluntary lien. It is specific to the piece of property and is voluntary because it was agreed to by the property owner. A judgment lien is an example of a general, involuntary lien. Judgment liens can be applied against any of an individual's assets.