Texas Homestead Exemption
Texas has some of the most favorable laws regarding a debtor’s exemption of property of any state. One of the most important exemptions used by debtors in Texas to protect property against judgment creditors is the Texas Homestead Exemption. [See Tex. Const. Art. XVI, Sec. 50]. Section 41.002 of the Texas Property Code provides the definition of a “homestead”. A homestead is protected from forced sale by a judgment creditor for the nonpayment of debts, with the exception of purchase money lien, taxes on the property, work and material used in the construction of improvements to the property, an owelty of partition ordered by a court, refinance loan against the homestead, home equity loan, or a reverse mortgage against the homestead. [See Tex. Prop. Code, Sec. 41.001].
Although a judgment creditor may attach a valid lien against the homestead, the judgment debtor/homestead owner can file an affidavit in the real property records in the county where the homestead is located and have the judgment lien released as to the homestead. [See Tex. Prop. Code, Sec. 52.0012]. In addition, a consumer can file and record property as a voluntary designation of homestead with county clerk in the county in which all or part of property lies. [See Tex. Prop. Code, Sec. 41.005].
Homestead rights can not be transferred by will or intestacy. In addition, the homestead exemption expires upon the death of the debtor(s) asserting the homestead rights. Thus, a judgment creditor can attempt to collect against the property upon the death of debtor(s) who had the homestead exemption rights.
#1 Specilalized Collecton Service. Agency Address: P O Box 441508 Houston, Tx 77244-1508. Original Creditor Creditor: Houston Radiology Associated. This agency is reporting to Equifax as of 10/08 that I have a bad debt amount $87.00. I have never been to this company for radiology, nor have I received any correspondence from this agency validating this debt.
#2. Evans Law Associates P.C. pulled my Experian credit file 5/27/09 without my permission. Address: 3580 Harlem Rd. Buffalo, NY 14215. Date Requested 5/27/09, I have never received any correspondence validating a debt they are attempting to collect.
#3. Praxis Financial Solutions: Pulled my Experian credit report 12/18/08 in reference to original creditor Payday Loan yes. I submitted a second validation request to this agency yesterday as they have ignored the first. Adddress: 7301 N. Lincoln Avenue Suite # 1 Lincolnwood, IL 60712
#4. Knight Adjustment Bureau representing original creditor Progressive Finace is reporting on my Transunion report that I owe $1944.00. However the original creditor has two collection agency attempting to collect on the same account # 1019548. I received a letter from Personal Collectors of Arizona Inc. 6/4/09.
#5. National Credit Adjusters pulled my Transunion report 12/15/08 & 3/3/09 without my permission. I have never received any correspondence validating any debt or the company they represent.
#6. Riddle and Associates Pulled my Transunion report 2/22/08 without my permission. I have never consented or received any correspondence validating a debt or the company the represent.
#7. NCO Financial pulled my Transunion report 4/09 & 5/09 without my permission. I have never received any correspondence validating a debt or who they represent.
#8. E R Solutions: pulled my Transunion report 3/20/09 without my permission. I have never received any correspondence validating the debt or who they represent.
Are these considered in any way a violation of the FCRA or the FDCPA ??
A disabled friend of mine has in the past owned a house in midtown as a homestead, He is unable to fully live there and usually stays with me, but does go over regularily when he is not ill{morphi ne 4 times daily.ince 2005 he had his homestead approved even though he did not live there full time..no hot water or ac orr kitchen. Now HCAD is back tracking an making him appeal each 5 years as seperat hearing of which he is not truly able and a possible hughe tax/penalty bill. His income is disability. Thanks Ted
I went through a Divorce in 2003 and got stuck with a “joint” credit card debt which my husband closed (the account) in the middle of the Divorce. A credit card judgment was filed against me (05/2003) two years after the Divorce. Now, Nov. 3, 2009 I am broke and trying to refinance my home in Texas. My loan officer told me that the credit card company has attached the judgment to my house and the loan may not go through. I am trying to get a low interest rate and a small amount of money out of this refinance to help with upcoming and current medical needs. I thought that in TX. a homestead protected you from acts such as this; and that when all else fails you still have your home and can do with it as you wish (refinance, etc). I have lived in my home almost 30 years and refinanced it in 2003 with no cash out, then with a small cash-out in 2007 with no problem. Now I am refinancing to get a lower interest rate and again a small cash-out. I feel that interest rates will be going up soon, so I know this will be my last chance to pull any equity out of my home because the new interest rates will be too high for my small budget.