Judgment Against Property With Rem In Collin
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If you do not have any assets that are not exempt from seizure, such as your primary place of residence, household items, your car, and the tools of your trade, someone who has obtained a judgment against you may be unable to collect on it.
Real Property Exemptions: Chapter 41 of the Property Code Texas exempts only two types of real property: (1) one or more cemetery plots: and (2) a homestead. Texas Property Code § 41.001(a). Either families or single adults may claim homesteads. The homestead may be either rural or urban.
The judgment lien is not going to impact a homesteaded property so the mortgage lender would be able to obtain a first lien on your property. So, as long as you otherwise qualify for a mortgage, the judgment lien should not be a problem.
And a homeowner may find it difficult to sell any property that has a lien against it. Prospective buyers may avoid a property to which someone else has a claim.
Referred to as an in rem (against the property) action, it is an action filed against the property itself, rather than a person. In civil judicial forfeiture, an individual has the right to contest the seizure through trial proceedings.
Judgment creditors can only seize property that isn't protected by an exemption. This includes real property and personal property.
If you do not have any assets that are not exempt from seizure, such as your primary place of residence, household items, your car, and the tools of your trade, someone who has obtained a judgment against you may be unable to collect on it.
In rem is a Latin term meaning "against a thing," which refers to a court's power to adjudicate matters directed against property .
Generally, to file a judgment lien, an abstract of judgment must be issued by the justice court. Some justice courts have a form available on their website to request an abstract of judgment.
