Texas Family Code 157.3171 – Release of Lien On Homestead Property
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(a) An obligor who believes that a child support lien has attached to real property of the obligor that is the obligor’s homestead, as defined by § 41.002, Property Code, may file an affidavit to release the lien against the homestead in the same manner that a judgment debtor may file an affidavit under § 52.0012, Property Code, to release a judgment lien against a homestead.
(b) Except as provided by Subsection (c), the obligor must comply with all requirements imposed by § 52.0012, Property Code. For purposes of complying with that section, the obligor is considered to be a judgment debtor under that section and the claimant under the child support lien is considered to be a judgment creditor under that section.
Terms Used In Texas Family Code 157.3171
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Affidavit: means a statement in writing of a fact or facts signed by the party making it, sworn to before an officer authorized to administer oaths, and officially certified to by the officer under his seal of office. See Texas Government Code 312.011
- Lien: A claim against real or personal property in satisfaction of a debt.
- Property: means real and personal property. See Texas Government Code 311.005
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
(c) For purposes of § 52.0012(d), Property Code, and the requirements of the certificate of mailing prescribed by § 52.0012(g), Property Code, the obligor is required only to send the letter and affidavit described in § 52.0012(g) to the claimant under the child support lien at the claimant’s last known address.
(d) The claimant under the child support lien may dispute the obligor’s affidavit by filing a contradicting affidavit in the manner provided by § 52.0012(e), Property Code.
(e) Subject to Subsection (f), an affidavit filed by an obligor under this section has the same effect with respect to a child support lien as an affidavit filed under § 52.0012, Property Code, has with respect to a judgment lien.
(f) If the claimant files a contradicting affidavit as described by Subsection (d), the issue of whether the real property is subject to the lien must be resolved in an action brought for that purpose in the district court of the county in which the real property is located and the lien was filed.