Property Q&A in 76040>Question Details

Txdukiedog, Renter in Overland Park, KS

Is a creditor required to give a Partial Release if a judgment was granted when my house was homesteaded, but now is not?

Asked by Txdukiedog, Overland Park, KS Fri Jul 5, 2013

I purchased a home in Tarrant Co Dec 1998 with both parents as co-borrowers. The loan and title was in all three of our names, but I paid the note and lived in the house. My parents executed a QuitClaim Deed granting the title to me for full benefit of homestead. My parents helped me financially after 911 and paid my mortgage. In 2007, since I had been unemployed for an entire year and had no income, I was also not required to file a tax return. I Quitclaimed the property back to my parents, so they could claim it on taxes. Prior to me deeding the property to them and while the title was in my name and homestead, two creditors placed Abstract of Judgments on me. Now, I filed Chapter 13 and am trying to sell my house. Are the creditors still required to give me a Partial Release if the title was in my name and homesteaded at the time the judgment was placed or because it’s not homesteaded and not titled to me, can the judgment still be attached to the title.

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