December 14, 2021 at 4:31pm | Sophie Diaz
This past legislative session in Texas saw the enactment of a few bills that can affect real estate transactions. I will be summarizing a few bills that may be of interest to you in a 4-part series. This is part 2 of the series, and explains how legislation affects real estate and how it can help you protect your Homestead in Texas.  

Here’s a brief summary of the bill:

House Bill 3115: Release of Abstract of Judgment from Homestead 
An Abstract of Judgment is a court issued document that may allow a claimant (creditor) to place a lien on Real Property owned by someone (debtor). In Texas, homesteads are considered favorites of the law though and the Texas Constitution provides that a homestead is exempt from seizure for the claims of most creditors.

Historically a title company was unable to make the legal determination as to whether or not the property was in fact the seller’s homestead.

This bill sets forth a period in which all parties can rely on a recorded homestead affidavit to determine whether or not a specific piece of property is the seller’s homestead. This law allows title to rely on the affidavit – assuming it is properly filed – for a 90 day window as long as the creditor is properly noticed and they do not file an objecting affidavit.

If you have any questions, please feel free to call me at 817-952-9000.




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