What the Texas Homestead Exemption Actually Protects Texas homestead protection is among the strongest in the country, and it is widely misunderstood by the people it protects. Homeowners assume it shields the house from everything. It does not, and knowing which debts pierce it tells you how much trouble you are actually in. The protection sits in the Texas Constitution, Article XVI, Section 50, and it shields the homestead from forced sale for most general debts. A cre
Texas Tax Sales and the Right to Redeem Texas has no state income tax, and property taxes carry a correspondingly heavy load. They are also secured by a lien on the property that attaches automatically each year. Fall far enough behind and the taxing units can foreclose, and that process runs separately from anything your mortgage lender is doing. A tax foreclosure in Texas is judicial. The taxing authority sues, and a court enters judgment for the taxes, penalties, inte
When Unpaid Texas Property Taxes Take the House Texas has no state income tax, and property taxes carry a correspondingly heavy load. They are also secured by a lien on the property that attaches automatically each year. Fall far enough behind and the taxing units can foreclose, and that process runs separately from anything your mortgage lender is doing. A tax foreclosure in Texas is judicial. The taxing authority sues, and a court enters judgment for the taxes, penalti
What As Is Really Means on a Texas Contract As is means the buyer takes the property in its present condition and the seller is not agreeing to make repairs. It does not mean the seller can stay quiet about what is wrong with it. That distinction catches people, and in Texas it is written into the paperwork. Texas requires a seller of residential property to give the buyer a written disclosure of the property's condition, with limited exceptions for situations such as ce
Is a Deed in Lieu the Right Move in Texas A deed in lieu of foreclosure is an agreement where you hand the title to the lender and the lender accepts it instead of foreclosing. It gets described as the dignified exit. Sometimes it is. Often it is the wrong choice, and the difference comes down to specifics most homeowners are never told. Start with the fact that it is negotiated, not a right. You cannot make a lender take a deed in lieu. They agree only when it is cheape
Is a Deed in Lieu the Right Move in Texas A deed in lieu of foreclosure is an agreement where you hand the title to the lender and the lender accepts it instead of foreclosing. It gets described as the dignified exit. Sometimes it is. Often it is the wrong choice, and the difference comes down to specifics most homeowners are never told. Start with the fact that it is negotiated, not a right. You cannot make a lender take a deed in lieu. They agree only when it is cheape
How Long a Texas Foreclosure Actually Takes Homeowners in Texas are often shocked at how quickly a foreclosure can conclude. In states that require a lawsuit, the process can run well over a year. Texas is predominantly non judicial, which means the lender follows a notice procedure set out in Texas Property Code Section 51.002 rather than asking a court for permission. It begins with missed payments. Servicers usually treat a loan as seriously delinquent once it is a fe
Can You Sell a Texas House Before Probate Closes Probate is the court process that confirms a will and gives someone legal authority to deal with what the deceased owned. In Texas it is generally less painful than its reputation suggests, largely because of independent administration. When a will names an independent executor, or when all beneficiaries agree to one, the executor can administer the estate with limited court supervision. They can usually sell estate p