Legislation Affecting Real Estate – Part 1 – Protecting Homestead

by | Jan 18, 2022 | Beth's Blog | 0 comments

This past legislative session in Texas saw the enactment of a few bills that can affect real estate transactions. I will be summarizing some of the bills that may be of interest to you in a 4-part series. This legislation affecting real estate is related to protecting a seller’s Homestead.

Here’s a brief summary of one of the bills:

House Bill 3115: Release of Abstract of Judgment from Homestead 
An Abstract of Judgment is a court-issued document that may allow a claimant (creditor) to place a lien on Real Property owned by someone (debtor). In Texas, homesteads are considered favorites of the law though and the Texas Constitution provides that a homestead is exempt from seizure for the claims of most creditors.

Historically a title company was unable to make the legal determination as to whether or not the property was in fact the seller’s homestead.

This bill sets forth a period in which all parties can rely on a recorded homestead affidavit to determine whether or not a specific piece of property is the seller’s homestead. This law allows title to rely on the affidavit – assuming it is properly filed – for a 90-day window as long as the creditor is properly noticed and they do not file an objecting affidavit.

If you’d like to take a look at more of the exact legislation click the link below:


If you have any questions regarding this legislation affecting real estate, please feel free to call me at 214-769-2947.

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Beth Brake REALTOR®

Positively impacting your life as you move toward your dreams.