The Austin, Texas Release of Abstract of Judgment Lien is a legal process that allows a judgment debtor to remove a previously filed abstract of judgment lien from the public records. This release is important for individuals who have satisfied the judgment or want to clear their title to property that was previously subject to the lien. An abstract of judgment lien is created when a judgment creditor records a certified copy of a judgment with the county clerk where the debtor's property is located. This lien acts as a cloud on the debtor's title and can cause significant difficulties when attempting to sell or refinance the property. The release of abstract of judgment lien can be achieved through various methods, depending on the circumstances. One common type of release is when the judgment creditor voluntarily releases the lien by filing a release document with the county clerk. This release should include the case number, names of the parties involved, and a clear statement that the lien is released. Another type of release occurs when the judgment debtor pays the outstanding judgment amount in full. Upon presenting proof of payment to the county clerk, the debtor can request a satisfaction of judgment, which effectively releases the abstract of judgment lien. This satisfaction should also include the case number, names of the parties, and a clear statement that the judgment has been satisfied. In some cases, the judgment debtor may need to file a motion with the court to obtain a release of abstract of judgment lien. This typically occurs when there is a dispute regarding the judgment and its satisfaction. The court will review the evidence presented and issue an order directing the county clerk to release the lien if appropriate. Once the abstract of judgment lien is released, the judgment debtor's title to the property is clear and free from the encumbrance of the lien. This allows the debtor to sell, refinance, or use the property without any legal hindrances. In summary, the Austin, Texas Release of Abstract of Judgment Lien is a crucial process for individuals who wish to remove a previously filed lien from their property records. Whether through voluntary release, satisfaction of judgment, or court order, obtaining this release is essential for clearing title and ensuring smooth property transactions.
Austin Texas Release of Abstract of Judgment Lien
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How to fill out Austin Texas Release Of Abstract Of Judgment Lien?
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FAQ
A release of an abstract of judgment can occur where the debtor files an Affidavit of Release of a Judgment Lien (sworn statement) showing that the real property in question is the debtor's homestead and meets certain legally-established criteria set forth in Texas Property Code §41.002, which can be up to 10 acres for
Filing a Judgment Lien A judgment lien lasts for ten years. According to Section 52.001 of the Texas Property Code, a judgment lien cannot attach to any real property that is exempt from seizure or forced sale under Chapter 41 of the Texas Property Code.
(a) Except as provided by Subsection (b), a judgment lien continues for 10 years following the date of recording and indexing the abstract, except that if the judgment becomes dormant during that period the lien ceases to exist.
There is no removal procedure for such liens other than entering into a payment arrangement with the taxing authority. The existence of a judgment lien or other type of lien is usually discovered when a title company checks the property records and produces a title commitment in anticipation of a sale or refinance.
You must file a Motion to Set Aside Default Judgment and Notice of Hearing within 30 days of the date the default judgment was signed by the judge. See Texas Rules of Civil Procedure, Rules 329(b).
Add or Remove a Lien on a Vehicle To add or remove a lien on your vehicle title, visit your local county tax office. The title fee is $28 or $33, depending on your county, and must be paid at time of application. Please contact your local county tax office for the exact cost.
According 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.