Can the credit card company place a lien against my property which is homesteaded and a mortage?

If a credit card company sues you and obtains a judgment against you, they can file an abstract or summary of the judgment in the real property records in the county where you live, or anywhere that they think you could own real estate. They can renew the judgment indefinitely. Technically, a judgment lien does not attach to homestead property in Texas. However, if you go to sell your home, the purchaser's title company will likely tell you that you have to pay off the judgment in order to close the sale, if no other way from the proceeds of of the sale. That is not correct. Of course paying or settling the judgment is one option to deal with the problem. But if you cannot afford to pay or settle it and you want to sell your homestead, you can request the judgment-creditor (the credit card company, through their lawyer) for a "partial release of judgment lien" based on the fact that the property is your homestead. They will usually provide that document, which should satisfy the mortgage company. As another option, there is a procedure in Texas Property Code Sec. 52.0012 for you to file an Affidavit in the real property records and send a copy to the plaintiff, etc., but I do not know if that would satisfy the purchaser's title company. I have not heard one way or the other about that procedure. If you sell the home without paying or satisfying the judgment, any proceeds from the sale are only exempt from seizure for 180 days. You must reinvest any proceeds into a new Texas homestead within that time, or the homestead proceeds can be seized by your judgment-creditor after the 180 days expires. As another option, if you need to, and you qualify, you can file bankruptcy. If you do that, your bankruptcy attorney can file a motion to avoid the judgment lien in the bankruptcy case, obtain an order voiding the judgment lien, and file a certified copy of the order in the real property records. That also solves the problem of a judgment lien on your home. I definitely recommend that you hire an attorney if you decide to take any of the actions outlined in this answer.

Here in Massachusetts they can, however they are not permitted to foreclose on the property due to the homestead. If you sell or refinance you will have to pay off the lien; and of course the bank has been running interest. Good luck, Robert Kovacs

In Texas, the judgment lien can be filed in the county records, but it does not attach to homestead property as long as it stays homestead.