Texas Release of Judgment Lien on Properties and Assets of Defendant

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Description

A judgment lien is created when a court grants a creditor an interest in the debtor's property, based upon a court judgment. A plaintiff who obtains a monetary judgment is termed a "judgment creditor." The defendant becomes a "judgment debtor."


Judgment liens may be created through a wide variety of circumstances. Laws regarding judgment liens vary by jurisdiction, so local laws should be consulted.

A Texas Release of Judgment Lien on Properties and Assets of Defendant is a legal document that is used to declare that a judgment lien filed against a defendant's properties and assets has been released or satisfied. This document serves as proof that the lien has been lifted and the defendant is no longer indebted to the plaintiff. In Texas, there are two types of Release of Judgment Lien on Properties and Assets of Defendant: 1. Voluntary Release of Judgment Lien: This type of release is initiated by the plaintiff, also known as the judgment creditor. Once the defendant has satisfied the judgment amount, the creditor may voluntarily release the lien by filing the appropriate paperwork with the county clerk's office. This release ensures that the defendant can freely transfer or sell their properties without any encumbrances caused by the judgment lien. 2. Court Order of Release of Judgment Lien: In some cases, the defendant may request the court to issue an order for the release of the judgment lien. This typically occurs when the judgment has been paid off or when the defendant presents evidence that the lien was improperly filed. The court will review the request and, if satisfied, will issue an order directing the release of the judgment lien from the defendant's properties and assets. This court-ordered release provides legal protection to the defendant and releases any legal claims on their assets. It is important to note that the Texas Release of Judgment Lien on Properties and Assets of Defendant must be filed with the county clerk's office where the original lien was recorded. It serves as public notice that the lien has been released and that the defendant's properties and assets are no longer encumbered. Keywords: Texas, Release of Judgment Lien, Properties, Assets, Defendant, Voluntary Release, Court Order, County Clerk's Office, Satisfaction, Proof, Plaintiff, Indebted, Lien Release, Transfer, Sell, Encumbrances, Court-Ordered Release, Public Notice.

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FAQ

Texas law protects your homestead from forced sale to pay most debts and judgments. In Texas, up to ten acres of an urban family home, plus improvements, and up to 200 acres in rural areas (100 acres for single adults) are protected, regardless of how much the property is worth.

The property owner will need to have the judgment lien removed so the title can be cleared and the property sold. A knowledgeable California debt settlement attorney can have the lien taken off, possibly without payment to the creditor or debt collector.

Summary lien removal is governed by Texas Property Code Section 53.160 (?Summary Motion to Remove Invalid Lien or Unenforceable Lien?). This sets forth a process by which a lien can be removed in as fast as 21 days after the contractor (lien claimant) appears in the action.

The document is usually called a Release of Lien, Lien Release, or a Deed of Reconveyance. It can be prepared by the owner or the Lien Claimant, but it must be signed by the Lien Claimant in front of a notary public and filed in the property records in the county where the property is located.

Ing to this law, a debtor must file an affidavit with the county to secure the release of a judgment lien against a primary residence. The debtor must first provide a 30-day notice letter to the creator of the judgment, containing a copy of the affidavit the debtor intends to file.

If a lien is filed on your property and you believe the lien is wrongful, you, the property owner have a right to contest the lien. In some cases, you may be able to file a summary motion to remove a lien. This is a lawsuit filed in district court that will allow the almost immediate removal of the lien.

To show that a lien has officially been removed on a property, you have to file a document called a ?lien release? in the real property records of the county where the property is located. A release of lien simply means removing the lien claim from a specific property.

By filing a judgment lien, if the debtor sells any non-exempt property, you may be able to get all or some of the money you are owed from the proceeds of the sale. A judgment lien lasts for ten years.

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Written for the debtor, this information from the Houston Lawyer Referral Service discusses how to release a judgment lien against property with a homestead ... ... a lien on the real property of the defendant if: (1) the defendant has posted ... a release of record of a judgment lien established under this chapter. (d) ...May 21, 2019 — The abstract creates a lien on the judgement debtor's nonexempt real property in the ... the property should not be released. Contact the Law ... Mar 7, 2018 — ... Texas Property Code includes a procedure for releasing a judgment lien from real property. According to this law, a debtor must file an ... Oct 14, 2021 — To place a judgment lien, you or your attorney file an abstract of judgment (AJ) in any county where the defendant owns nonexempt property. An ... Pursuant to Chapter 52 of the Property Code, the judgment creditor must obtain an abstract of judgment from the court and then file it in the real property ... such judgment and RELEASE unto. (Defendant) in execution, and heirs ... THE STATE OF TEXAS. COUNTY OF ______. Before me, a notary ... Release of Judgment also in the real property records. ... an execution issued upon said judgment, levied upon the property of Defendant described in the attached ... The duration of a judgment lien in Texas is ten years. (Twenty ... The partial release of the property from the lien of the judgment by the judgment creditor. If the real property is not sold pursuant to the levy, the sheriff or constable who made the levy must file for record a release of levy with the county clerk ...

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Texas Release of Judgment Lien on Properties and Assets of Defendant