A judgment creditor abstracts a $23,000 judgment in the county where the debtor Texas homestead sits. Does an ordinary money-judgment abstract attach to the protected homestead?
Correct Answer
B) The abstract does not reach the homestead, which is still exempt
A homestead is exempt from seizure for the claims of creditors except for the encumbrances the statute permits to be fixed on it, and a general money judgment is not one of them, so an abstract does not attach to the protected property. Other choices: no foreclosure right follows from an abstract against a homestead; recording is what creates a lien on non-exempt land rather than on this; and no dollar threshold turns an ordinary judgment into a homestead encumbrance. Source: Tex. Prop. Code sec. 41.001(a)
Why This Is the Correct Answer
A homestead is exempt from seizure for the claims of creditors except for the encumbrances the statute permits to be fixed on it, and a general money judgment is not one of them, so an abstract does not attach to the protected property. Other choices: no foreclosure right follows from an abstract against a homestead; recording is what creates a lien on non-exempt land rather than on this; and no dollar threshold turns an ordinary judgment into a homestead encumbrance. Source: Tex. Prop. Code sec. 41.001(a)
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