San Antonio Texas Release of Judgment Lien

State:
Multi-State
City:
San Antonio
Control #:
US-OG-120
Format:
Word; 
Rich Text
Instant download

Description

If an owner of an interest in real property has had a judgment obtained against the owner, this form addresses a release of that judgment lien.

A San Antonio Texas Release of Judgment Lien is a legal document that serves to remove or release a judgment lien that has been placed on a debtor's property in San Antonio, Texas. A judgment lien is typically filed by a creditor after they have obtained a court-ordered judgment against a debtor for unpaid debts. There are two main types of San Antonio Texas Release of Judgment Lien: 1. Voluntary Release: In this type of release, a creditor willingly releases the judgment lien on the debtor's property. This may occur when the debtor has fully paid off the debt or reached a settlement agreement with the creditor. The creditor will file the voluntary release with the appropriate county clerk's office in San Antonio, Texas, effectively removing the judgment lien from the property's title. 2. Court-Ordered Release: In some cases, a debtor can seek a court order to release or remove a judgment lien. This may happen when the debtor believes the judgment lien was wrongfully placed or when the underlying judgment has been overturned or satisfied. The debtor must file a motion with the court, providing evidence and documentation to support their request for the release of the judgment lien. If the court grants the motion, a court order will be issued, and the debtor can file this order with the county clerk's office to officially release the judgment lien. When drafting a San Antonio Texas Release of Judgment Lien, it is important to include relevant information such as the names and addresses of both the creditor and debtor, the case number, the date of the judgment, the amount owed, and a clear statement that the judgment lien is being released. Additionally, the document should be notarized and signed by the creditor or their authorized representative, indicating their consent to release the lien. Keywords: San Antonio Texas, Release of Judgment Lien, debt, creditor, debtor, property, court-ordered judgment, unpaid debts, voluntary release, court-ordered release, county clerk's office, court order, motion, evidence, documentation, case number, notarized, signed.

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FAQ

The debtor must get a discharge or release of the abstract of judgment to remove the lien from the home. Contact the judgment creditor shown on the abstract. Arrange to pay the debt in full or negotiate payments. Ask the creditor for a discharge if paying in full.

How long does a judgment lien last in Texas? A judgment lien in Texas will remain attached to the debtor's property (even if the property changes hands) for ten years.

A judgment can remain on your credit report as long as it is valid or active. In Texas, judgments are valid (active) for at least 10 years and they can be renewed for another 10 years after that, and then another 10 year after that, and so on, indefinitely.

If a lien is filed on your property and you believe the lien is wrongful, you, the property owner have a right to contest the lien. In some cases, you may be able to file a summary motion to remove a lien. This is a lawsuit filed in district court that will allow the almost immediate removal of the lien.

The abstract or AJ stays on file for 10 years but may be re-filed for successive 10-year periods (Prop. Code §52.006). Note, however, that a judgment will become dormant if no attempt is made to execute upon it during the 10 years following its effective date.

According to this law, a debtor must file an affidavit with the county to secure the release of a judgment lien against a primary residence. The debtor must first provide a 30-day notice letter to the creator of the judgment, containing a copy of the affidavit the debtor intends to file.

Under Section 53.171(c) of the Texas Property Code, a mechanic's lien can be discharged with a bond even after the dispute has arisen and the lien has been filed. The bond must be substantially higher than the lien amounts.

An abstract of judgment is a written summary which states how much money a losing defendant owes to the winning plaintiff in a lawsuit. This person who won the lawsuit and is owed the debt is the judgment creditor. The person who lost the lawsuit and owes the debt is the judgment debtor.

Lenders in Texas customarily use a release of lien when the loan secured by a deed of trust has been paid in full or otherwise satisfied. The release of lien is recorded in the county where the real property collateral is located.

Judgment liens in Texas expire after ten years, as do federal tax liens, and both stay attached to the property even it if changes owners. A mortgage lien remains valid on a property until the debt is paid in full. Also, many liens may be renewed before they expire.

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James Meyrat - San Antonio Family Law Attorney. Finding out what kinds of property can be used in recovery of judgment depends on the debtor.Problematic financial consequences including a judgment lien filed against real estate. R L. WILSON LAW San Antonio Real Estate Attorney Real. COVID-19 vaccine the cargo as San Antonio. The release of my credit, releasing evacuees will be released without judgment can participate in the. Action in Rem - An action in which judgment is sought against property to determine its status. —San Antonio 1962, writ ref'd n.r.e.). 500 E. San Antonio, Suite 105. Our San Antonio debt settlement attorney tells you how its done.

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San Antonio Texas Release of Judgment Lien