Judgment Against Property With No In Travis
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FAQ
Real Property Exemptions: Chapter 41 of the Property Code 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.
Except as provided by Section 52.0011 or 52.0012, a first or subsequent abstract of judgment, when it is recorded and indexed in ance with this chapter, if the judgment is not then dormant, constitutes a lien on and attaches to any real property of the defendant, other than real property exempt from seizure or ...
The judgment lien is not going to impact a homesteaded property so the mortgage lender would be able to obtain a first lien on your property. So, as long as you otherwise qualify for a mortgage, the judgment lien should not be a problem.
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.
And a homeowner may find it difficult to sell any property that has a lien against it. Prospective buyers may avoid a property to which someone else has a claim.
Enforcing a Judgment There are several ways to collect on a judgment in Texas. In the most straight-forward way, you can begin the collections process by filing an “abstract of judgment” in the county clerk's office where you believe the judgment debtor owns non-exempt real property.
A Texas judgment is valid for ten years from the date it is signed by the judge. After the expiration of ten years the judgment is dormant for two years. During that two year period of dormancy the judgment cannot be enforced.
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.
Common notification methods include sending multiple unpaid bills in the mail but these bills can be lost or not reach the appropriate person before a lien is placed. They can also arrive when the previous homeowner was at the property but cease by the time a new homeowner moves in.
