Can I sell my House here in Texas without paying a $3000 lien judgment against me from a civil court?

Question

I bought my house in 2005, the judgment was in 2008

Answer 1

No...all liens must be paid off prior to or at closing.  The buyers lender will demand clear title or no sale.

Answer 2

For sure not in UK = here the Judgment is 'attached' to the house at the Land Registry ..

.. I would assume in USA they have a a similar system ..

Answer 3

It depends on your State Law.  In AZ a judgment (or any non-consensual lien) does not attach to your property if you have less equity than the Homestead exemption, which is $150,000.  

So for example if your home is worth $400,000 and you owe $300,000, you have $100,000 equity, which is below the $150,000 exemption, therefore in Arizona the judgment would not attach.

I've researched Texas' Homestead Laws and they are very strict, so check with the Title Company and maybe a Real Estate Attorney, but I suspect that the judgment is not attached and will not have to be paid.

I'd be curious to hear what you find out.

Mr. Financial Freedom

http://www.5stepstofinancialfreedom.com

Answer 4

No.  You will need to pay it off.