Texas Application For Abstract of Judgment
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How to fill out Texas Application For Abstract Of Judgment?
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FAQ
Texas Property Code Section 52.0012(c) states that a judgment lien does not attach to, and does not constitute a lien on, a judgment debtor's exempt real property, including the debtor's homestead.
52.004. RECORDING AND INDEXING OF ABSTRACT. (a) The county clerk shall immediately record in the county real property records each properly authenticated abstract of judgment that is presented for recording. The clerk shall note in the records the date and hour an abstract of judgment is received.
§ 51.001. EFFECT ON OTHER LIENS. Except as provided by Chapter 59, this subtitle does not affect: (1) the right to create a lien by special contract or agreement; or (2) a lien that is not treated in this subtitle, including a lien arising under common law, in equity, or under another statute of this state.
51.0012 of the Texas Property Code. This statute provides a mechanism for the automatic release of a judgment lien on homestead if the creditor does not contradict the facts of the affidavit within 30 days of receipt.
A bona fide purchaser, lender, or other person acquiring an interest in the property or an insurer of title is entitled to rely conclusively on the record of the filed affidavit and notice, and any subsequent purchaser in good faith and for value is entitled to bona fide purchaser protection.
An Abstract of Judgment is a public record, filed after the judgment is made, which details the judgment of a court case. It identifies the losing defendant, also known as the judgment debtor and the winning plaintiff, also known as the judgment creditor.
Texas Property Code Section 52.0012(c) states that a judgment lien does not attach to, and does not constitute a lien on, a judgment debtor's exempt real property, including the debtor's homestead.
To file a judgment lien, an abstract of judgment (commonly called an "AJ") must be recorded in the county where the real property is located or where property could be owned in the future. Rules for the issuance of an abstract of judgment can be found in Section 52.002 of the Texas Property Code.