TX constitution

Posted by Bob3 (68.95.225.5) on July 08, 2004 at 03:44:16:

In Reply to: Two Parts to Texas Homestead posted by Bob3 on July 08, 2004 at 03:37:44:

Section 50 of Article XVI of the Constitution of the Great State of Texas:

Paragraph(c)provides: "…no mortgage, trust deed, or other lien on the homestead shall ever be valid unless it secures a debt described by this section. …All pretended sales of the homestead involving any condition of defeasance shall be void."

Do preexisting judgment liens of general creditors attach to a homestead?

No, if at the time of acquisition the property is a homestead. If, however, the homestead is abandoned, the judgment attaches at that time.

Do judgment liens, which arise subsequent to the acquisition of a homestead, affix a lien on the homestead?

No, a judgment lien cannot attach to a homestead. Additionally, if the homestead is sold, the proceeds from the sale are exempt for six (6) months in order to allow for the purchase of a new homestead.

Can a property owner waive his homestead rights?

No, the courts have consistently held that one cannot waive his constitutionally guaranteed rights.

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