The Article 16 Section 50 (a) of the Texas Constitution explicitly mentions legally valid liens on the homestead that could lead to foreclosure so as to pay off the creditors. Apart from these liens, any other lien cannot legally attach to the homestead property. Below all these valid liens that could attach to a homestead property in Texas are briefly discussed below.
In this type of lien, a creditor extends credit to a debtor particularly to purchase a property that consequently becomes the collateral for the extended credit. Hence, if a person takes purchase-money to buy a new house, then that house becomes a purchase-money lien that could be sold in case the debtor defaults on the payment.
Ad Valorem tax debts such as property tax debt must be paid in full as delinquent tax provides the taxing unit a legal right to file a suit to foreclose the lien to secure payment for the delinquent tax as well as to enforce personal liability for the tax against the debtor.
Owelty Partition Liens
Owelty refers to an amount of money that is ordered by the court during the partition of assets to be given by one party (who receives the asset) to the other party in the suit so as to balance the unequal partition of the assets. For example, in a divorce, one spouse may receive the house and the other rest of the remaining land that has appreciably lesser value than the house. In this case so as to keep the house intact, the court may ask the spouse who has the house to pay the owelty amount to the other spouse who can place a lien on the homestead till such payment is not received.
In Texas, it is possible to refinance a valid lien without affecting its validity only in the event that there is no additional burden on the homestead due to this refinance except to the extent of necessary ones that are mandatory to readjust the outstanding obligation.
Home Improvements Liens
Texas Property Code Chapter 53 defines the circumstances under which a contractor or a supplier can legally place a lien on your home for the homestead improvements so as to secure the payments for the work done. However, for an improvement lien to be valid, a contractor or supplier must execute a written contract explicitly defining the terms of the agreement. This contract must be signed by the home owner and executed before the start of the work or delivery of any materials. Also, this contract must be filed with the county clerk of the county in which the improvement work is taking place.