How to get a lien off my residency that was put on the house with 8% interest.

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I closed my business in the end of 2005 as I was not making sales and getting into future debit on my Credit Cards. I did not file for bankruptcy. A credit card company took me to court and put a lien on my house which is my homestead. I did not think they could do that but I did not have a lawyer and the judge just pasted it through very fast and I did not know what to do as I did not have money to hire a lawyer. I have found a case as follows: 833 S.W.2d 666 (Tex.App. –Eastland 1992) TARRANT BANK, Appellant, v. Mark B. MILLER and wife, Julia A. Miller, Appellees. Please give me so help on what I need to do next. Thank you in advance,

Attorney Answers

3
Gary Armstrong ·
If it is your house, then there is no lien on it. A lien for a credit card type debt cannot attach to your homestead in Texas. However, judgment liens are normally filed of record in the county. When title companies pull title reports, of course they turn up judgments as part of the report. What they do at that point is where troubles start. Many title companies will, just as a matter of course, apparently require the homeowner to pay the debt in order to clear title. But, instead what should happen is one of two things. Either the title company should confirm that the property is homestead, that the judgment is a credit card debt, and that therefore the judgement is not going to attach to the homestead, and proceed accordingly. Of course, that is too much risk and too much work for most title companies. So, instead, what you can do is contact the judgment creditor's attorney and ask them to provide to you a 'partial release of lien' as to your homestead. They may ask you to prepare the form, in which case you would hire a local real estate attorney to prepare it, or perhaps the title company's attorney could prepare it. Or, if they just refuse to sign it, there are two processes under Texas law for getting the title cleared. There is a statute enacted a few years back where you can prepare an affidavit of homestead status and mail that and a form of release to the judgment creditor, and if they still fail to respond, you can file the affidavit of record in the county and that is supposed to satisfy the title companies. Or, you can just sue the judgment creditor for creating a cloud on your title by failing to provide a partial release upon request. All of this should be familiar to a local real estate attorney, so I recommend that you locate one.
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Martin Cantu ·
If this is your homestead, then you can sell the home and not have to pay the lien. You would submit a Partial Release of Lien to the creditor and they must provide that release to you. You would receive the proceeds from the sale of your home and the lender can not take them "at the closing tabel", but could eventually attempt to reach them in your bank account. You should hire an attorney to help you through this process.
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