A Texas homeowner hires a contractor to build a $40,000 addition to their homestead. The homeowner refuses to pay the contractor. Under Texas law, can the contractor place a mechanic's lien on the homestead and force a sale?
Correct Answer
D) Yes, because a mechanic's and materialman's lien is one of the constitutional exceptions allowing forced sale of a homestead
Under Texas Constitution Article XVI §50(a)(5) and Texas Property Code Chapter 53, a mechanic's and materialman's lien for work and material used in constructing improvements on the homestead is one of the constitutional exceptions to homestead protection. The contractor can enforce the lien through foreclosure, provided proper lien procedures are followed.
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- → A Texas homeowner defaults on a personal loan of $50,000. The creditor obtains a judgment and seeks to force the sale of the homeowner's primary residence to satisfy the debt. Under Texas homestead law, can the creditor force the sale?
- → A creditor attempts to place a lien against a Texas family's homestead for an unpaid medical bill of $25,000. Under Texas homestead law, can this lien attach to the homestead?
- → A Texas homeowner converts their homestead into a rental property and moves to another state. After two years, a creditor seeks to foreclose on the former homestead for an unpaid business debt. Under Texas law, can the creditor force the sale?
- → Mark and Lisa are married and live in Texas. During their marriage, Mark purchases an investment property using earnings from his salary. Under the Texas Family Code, how is this property classified?
- → Before her marriage to David, Sarah owned a rental house in Austin. After the wedding, rental income from the property accumulates in a joint bank account. Under the Texas Family Code, how is the rental income classified?
- → Under the Texas Family Code, what is the legal presumption regarding property acquired during a marriage in Texas?
- → After 10 years of marriage, William inherits a lakehouse from his father. William's wife, Karen, assumes the inheritance is community property because they received it during their marriage. Under the Texas Family Code, who is correct?
- → Under the Texas Family Code, what is the legal term for a written agreement between spouses that converts community property into one spouse's separate property?
- → Under the Texas Family Code, what happens to community property when one spouse dies without a will in Texas?
- → A Texas couple gets married. The wife owns a car free and clear that she purchased three years before the wedding. Under the Texas Family Code, what is the classification of this car?
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Previous Question
Under the Texas Constitution Article XVI §50, the homestead is protected from forced sale for debts EXCEPT for which of the following?
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A Texas homeowner wants to take out a home equity loan on their homestead. Under the Texas Constitution Article XVI §50(a)(6), what is the maximum combined loan-to-value ratio permitted for home equity loans on the homestead?