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Houston Real Estate Law – Lien Enforcement

For small and midsize businesses, securing favorable judgments against delinquent customers is critical for long-term stability and financial health. The ability to pursue and secure a judgment is a critical tool in the business law and corporate law arsenals of firms that might otherwise lack the means to collect on past-due bills. Likewise, individuals involved in civil or domestic legal disputes, including marital dissolution, may also rely on judgments as a means to claim what is rightfully theirs.

In many cases, a judgment results in the creation of a lien on a particular asset belonging to the debtor. Since it is tangible and boasts substantial value, high visibility and – in most cases – clear ownership, real estate is among the most commonly affected asset classes. Liens placed on real estate are popularly known as property liens.

Property Lien Enforcement in Houston, Texas

A property lien entitles the judgment creditor to a specific portion of the proceeds from the sale of the debtor’s property. In this case, “property” may be defined as a house, condominium, improved or unimproved land, investment and/or commercial property or any other type of real estate. A given property lien typically remains in force for a period of 10 years.

It is important to understand that Texas law places some limitations on the enforceability and applicability of property liens. In particular, the state’s homestead exemption prohibits creditors from accessing the full value of a debtor’s primary residence. Additionally, the presence of other liens on the same property may impact the order in which the creditor is paid and the amount that the creditor ultimately receives.

Houston Real Estate Attorneys Offering Effective Lien Enforcement

Despite these exceptions and caveats, Texas real estate law provides substantial protections for creditors who wish to collect on a judgment debt by attaching a lien to residential or commercial real estate. However, it is distressingly common for judgment debtors to ignore liens until they are compelled not to do so any longer.

For this reason, creditors need to fully avail themselves of their legal rights and work with seasoned commercial and residential real estate attorneys with extensive experience in property lien enforcement. Henry Jakob is uniquely positioned at the intersection of real estate law and business planning, commercial litigation and consumer law.

If you wish to enforce a property lien in Fort Bend, Waller or Harris County, The Law Office of Henry A. Jakob, PLLC stands ready to evaluate your case and provide the assistance necessary to secure a favorable outcome.

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To learn how our Houston real estate attorney is equipped to help with your property lien and lien enforcement needs in Katy, Sugar Land, Galveston and the rest of the greatest Houston area, please fill out our online contact form or call 713.640.5700 for a consultation.

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