QUESTION

Can you lose your homestead in Texas if a civil judgement is filed against it ?

Asked on Jun 09th, 2015 on Real Estate - Texas
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1 ANSWER

Generally, no. However, that is not a complete answer. Judgments are simply abstracted and filed with the county clerk. When title is pulled, the title company will pick up the judgment and place it as an exception to title. However, if the subject property is your homestead, then it is not truly an exception to title unless the Constitution allows the judgment to attach to the homestead. (HOA liens, materialmen liens, mortgages, etc. General debts do not attach to the homestead). With that being said, many title companies don't really care. They want to see the judgment settled before insuring title. Sometimes a homestead affidavit will suffice but increasingly it is not enough. Further, title companies are just like any other business. They can generally choose which business to accept and under what terms to accept such business. Therefore, you either have to play by their rules or find another title company that will underwrite the insurance. If this is a problem, then I would encourage you to reach out to an attorney for assistance in either (i) working with the title company or (ii) settling the judgment.
Answered on Jun 10th, 2015 at 10:05 AM

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