Judgment Lien On Personal Property With Mortgage In Texas
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FAQ
To file a lien claim, you will need: Property owner's name (or company name) and mailing address. Project address and the county where it is located. The amount owed for each month you performed the work that remains unpaid. A brief description of the work you performed.
There is no particular limit to the number of liens that can be placed on a property. As long as a creditor has a valid claim to a debt and has either a statutory right (i.e. taxes) to place it or has obtained a judgment against a debtor, they can lien the property.
A judgment is a general, involuntary, equitable lien on both real and personal property owned by the debtor.
If you do not have any assets that are not exempt from seizure, such as your primary place of residence, household items, your car, and the tools of your trade, someone who has obtained a judgment against you may be unable to collect on it.
In Texas, a judgment lien can be attached to real estate only (such as a house or land).
Generally, to file a judgment lien, an abstract of judgment must be issued by the justice court. Some justice courts have a form available on their website to request an abstract of judgment.
The most common type of lien is what's usually referred to as a Mechanic's Lien. Sometimes called "construction liens," "laborer liens," or "artisan's liens," they are filed by contractors, subcontractors, or construction firms.
Often, judgment liens are recorded after other types of liens, like mortgages, and are lower in priority.
Texas exempts only two types of real property: (1) one or more cemetery plots: and (2) a homestead. Texas Property Code § 41.001(a). Either families or single adults may claim homesteads. The homestead may be either rural or urban.
