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Tx Community Property HomesteadHomestead_protectionsEASY

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?

Correct Answer

B) No, because medical bills are general unsecured debts and cannot create a lien against the homestead

Under the Texas Constitution Article XVI §50 and Texas Property Code §41.001, the homestead is protected from forced sale for general debts, including medical bills. Medical debt is an unsecured obligation that does not fall within any of the constitutional exceptions to homestead protection. The creditor cannot attach a lien to the homestead for this type of debt.

Answer Options
A
Yes, because medical debts are essential and can attach to any property
B
No, because medical bills are general unsecured debts and cannot create a lien against the homestead
C
Yes, but only if the medical bill is more than 12 months past due
D
No, but only if the homeowner has filed for bankruptcy protection

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Related Topics & Key Terms

Key Terms:

homesteadmedical_debtunsecured_debtforced_sale_protection
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