Partial Release of Judgment Lien
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A partial release of judgment lien is necessary to release a judgment from your home. Even if your home is “exempt” in Texas. Here is a list of exemptions.
Obtaining a partial release of a judgment typically means that you are releasing your homestead property from the judgment, but you are not releasing yourself from the judgment liability.
Homestead
In Texas, your homestead is protected from most types of creditors. You are allowed one homestead and this is your principle residence. You must properly file your residential homestead exemption. Judgment creditors cannot force the sale of your homestead.
Cloud Title
A judgment against you personally will likely cloud title on your homestead. This means that you will have problems selling or re-financing your property. Most lenders will agree to a partial release of the judgment in order to proceed with the closing.
This cloud of title occurs when a judgment is signed against you and the creditor files an “abstract of judgment” with the real property records.
Obtaining a Partial Release
Section 52.0012 of the Texas property code is the statute that allows you to obtain a partial release of a lien in Texas. Pursuant to the statute, you send notice to the last known address of the creditor and the creditors attorney. This can be challenging because many judgment creditors have gone out of business. The next step is to file a completed affidavit with the real property records of your county. The entire process could take 45 days or so. If you need an immediate partial release, the best way is to work with the creditor and obtain one quickly. Many creditors may make this process difficult.
We have done many partial releases. If you need a partial release, please contact us