[needstitlehelp]

Recently I was trying to refinance my home when the title check revealed a judgement lien for credit card debt. I understand that in Texas it is not allowed to put a judgement lien in a primary residence.
What can I do? I do not have the money to pay off the judgement.
I need to refinance in order to avoid the 3rd year "arm" which will raise my payment.

[rockinmommy]

Actually, in Texas, attaching judgements to property - primary residence or otherwise - is about the only thing the person trying to collect can do.

You can definitely consult an attorney, and actually the people at the title company should be able to answer some question about it for you, as well.

But I'm almost positive that you'll have to pay that judgement before you can proceed.

[Fr_Chuck]

I do believe they can get a lien on your property. But were you not notified of judgement ? You will have to have an attorney review it and see if there is anything you can do.

But actually at this point the arm may or may not be a bad thing with the lower prime rate,

[needstitlehelp]

I found an article in Tierra Grande, the Real Estate Center Journal called "Legal Principles, Procedures Affecting Title" and it says the following:

"The general rule in Texas is that no enforceable lien can be created against the homestead by recording a judgement, nor can the existence of the recorded judgement lien prevent a purchaser from taking title free of the lien. Only when the debtor continues to own the property , but no longer uses it as a homestead, does the judgement lien become valid."

I guess I need to sue the company who put the lien on for "slander of title" if they refuse to release the title.

[rockinmommy]

I found an article in Tierra Grande, the Real Estate Center Journal called "Legal Principles, Procedures Affecting Title" and it says the following:

"The general rule in Texas is that no enforceable lien can be created against the homestead by recording a judgement, nor can the existence of the recorded judgement lien prevent a purchaser from taking title free of the lien. Only when the debtor continues to own the property , but no longer uses it as a homestead, does the judgement lien become valid."

I guess I need to sue the company who put the lein on for "slander of title" if they refuse to release the title.

Has anyone at your title company been able to answer any questions about this matter? They should be very familiar with all of this and be able to advise you on how to proceed. And if necessary they should be able to refer you to a good real estate attorney.