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Texas · TitleTexas judgment liens: the abstract of judgment, ten years and the homestead affidavit

In Texas a money judgment becomes a lien on real estate only when an abstract of judgment is recorded and indexed in the county real property records. If the judgment isn't dormant, the lien attaches to the debtor's real property in that county, including property acquired later, but not to property exempt from forced sale, such as the homestead (Tex. Prop. Code §§52.001, 52.004). It lasts ten years from recording and indexing and ends earlier if the judgment becomes dormant (§52.006(a)). Because the lien doesn't reach a homestead but still shows in the records, the debtor can file a homestead affidavit with a certificate of mailing and send the creditor a copy by certified or registered mail; the affidavit then serves as a release of record, and a buyer or lender may rely on it for the 90-day period that begins on the 31st day after the certificate of mailing is filed – unless, within 30 days, the creditor files a contradicting affidavit saying it is untrue or the lien attaches for another reason (§52.0012).

What the statute sets

  1. Abstract recorded (§§52.001, 52.004)

    Lien only from recording and indexing in the county; covers later-acquired nonexempt land there.

  2. Contents (§52.003)

    Parties, suit number, judgment date, amount and balance due, interest rate, and identifiers if available.

  3. Ten years (§52.006)

    From recording and indexing; ends earlier if the judgment goes dormant; state judgments 20 years, renewable once.

  4. Homestead (§52.0012)

    Not subject to the lien; affidavit plus certificate of mailing releases the record unless contradicted within 30 days.

  5. Pending appeal (§52.0011)

    No lien if the defendant posted security and the court makes the statutory finding, recorded in the county.

What the TC does when an abstract shows on the title commitment

  • Ask the title company whether the abstract names this seller and whether the judgment is still active.
  • On a non-homestead sale, order the payoff and the release before closing.
  • If the seller claims the property as homestead, calendar the 30-day contradiction window and the 31st day after the certificate of mailing is filed.

Questions about Texas judgment liens

Does a judgment lien attach to a Texas homestead?

No. The abstract creates a lien only on real property that isn't exempt from seizure or forced sale, and the homestead is exempt (Tex. Prop. Code §52.001); the homestead affidavit in §52.0012 clears the lien from the record.

How long does a Texas judgment lien last?

Ten years from the date the abstract is recorded and indexed, ending earlier if the judgment becomes dormant (Tex. Prop. Code §52.006(a)).

When can a buyer rely on a homestead affidavit?

For the 90-day period beginning on the 31st day after the certificate of mailing is filed, if the creditor hasn't filed a contradicting affidavit within 30 days (Tex. Prop. Code §52.0012(d), (e)).

Related guides

Track the judgment payoff, the release or the homestead affidavit dates as tasks on the deal in ClosingCode.

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Sources: Tex. Prop. Code §§52.001, 52.0011, 52.0012, 52.003, 52.004, 52.006 (statutes.capitol.texas.gov), read October 29, 2026.

General information, not legal advice. ClosingCode is software; it is not a law firm or brokerage. This guide is not a substitute for the advice or services of an attorney.