A credit card company filed a judgment. I'm trying to refinance my home and it appears on the title. It is my

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Customer: A credit card company filed a judgment. I'm trying to refinance my home and it appears on the title. It is my understanding, in Texas this is not valid on my homestead. How can I get a partial release?
JA: What steps have you taken so far? Have you prepared or filed any paperwork?
Customer: Just received information from Title company.
JA: Have you talked to a TX lawyer about this?
Customer: I have receive information from Black Mann and Graham. They said it is not a valid lien.
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: The title company is saying I need a partial release. Can I get it without involving the credit card company.
Answered by KimberlyLaw in 2 mins 8 months ago
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KimberlyLaw
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KimberlyLaw
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Jessica

Jessica

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KimberlyLaw, Expert

Hello, my name is ***** ***** I am online live with you.

Let me prepare an answer for you, and be right back.

Then you can chat here if you have any follow up questions.

Thanks

Kim

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KimberlyLaw, Expert

Ok thanks for your question.

You are correct. In Texas you are protected from a credit card lien on your property if it is your homestead.

However, sometimes these liens go through anyway, if you were not there to participate in the court action, which usually comes from a default judgment due to an old address on file.

So you will need to get this removed from the title so that you can move forward with the refinance.

To get a partial release, you need to do a homestead affidavit and request the partial release from the attorney for the credit card company. So no you can't do that without the credit card company knowing. They actually have to agree to release the lien from the property. They will do this because it is legally required due to the homestead.

The partial release will only remove the judgment from the homestead property, and not against you, so that will still exist.

Let me know if you have any follow up questions.

Kim

Customer
Where can I get a homestead affidavit. Also how do I find the attorney for the company and contact information?
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KimberlyLaw, Expert

You can get the contact information for the attorney for the credit card company from the title company. They can see that lien on the title when they did the title search.

Customer
Thank you
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KimberlyLaw, Expert

I did some more research and found you a sample affidavit

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KimberlyLaw, Expert

https://www.stewarttitle.com/content/dam/stewart/Microsites/texas/pdfs/Affidavit_as_Release_of_Lien_Against_Homesteas_1008.pdf

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KimberlyLaw, Expert

This second one has a link

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KimberlyLaw, Expert

You can use this language and sign in front of a notary public.

Customer
Thanks
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KimberlyLaw, Expert

You are welcome.

Feel free to ask me another question in the future.

Just start with "For KimberlyLaw" and I'll pick it up if I am online.

Thank you

Kim

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