Selling Texas Land With a Lien: Judgment Liens and the Homestead Affidavit
A lien doesn’t stop a Texas land sale: the title company pays it off at closing. What matters is which liens attach, how long they last, and whether your homestead is protected. Here is how judgment liens work, the 200-acre rural homestead rule, and the affidavit that clears a lien off a homestead.
Updated Nov 4, 2026 · By the Twin Sun Land Company team
Get a written cash offer in 24 hours
Never listed it, or listed it with no luck? Sell it the easy way, on your timeline.
- One call. We research the parcel, order the title work and do the paperwork
- We aim to close in about 30 days, never past 45 once the title is clear
- No appraisal, no bank, so there’s no loan to fall through
- We pay all closing costs (title, closing fee, notary and recording; Texas has no deed stamps). $0 commission
Free, and you can say no. Prefer to talk? (405) 766-8915
Sound familiar?
A lien on the land and not sure what you’d clear? Here is what changes when you sell to us.
Never sold land before
“I inherited land I’ve never even seen. I just want it handled.”
One call, and we handle the rest. No need to visit, list it, clean it up or know anything about land sales. We research the parcel, order the title work and do the paperwork. Written offer in 24 hours, and you can sign from home, even from out of state.
Tired of waiting
“My land’s been listed for a year and nobody’s serious.”
We buy on your timeline. Land can sit for a year or two, and with higher interest rates fewer buyers can get a loan for it. We don’t need one. Written offer in 24 hours, and we aim to close in about 30 days, never past 45 once the title is clear.
Burned by the usual process
“The buyer backed out at the last minute, and my realtor stopped calling back.”
We’re not a traditional buyer. No appraisal, no loan officer. We pay cash from private investor capital, so there’s no loan to fall through. No back-and-forth either: one written offer with every cost listed.
Just want it easy
“I just want it done without paying fees or chasing paperwork.”
We pay all closing costs and do the paperwork. Title, closing fee, notary and recording are on us, and Texas has no deed stamps. Any mortgage, liens or back taxes are paid off by the title company from the sale at closing, so you don’t need cash up front.
Free, and you can say no.
Our founder’s career track record in land and real estate.
The short version
- Liens are paid from the sale price at closing by the title company.
- A recorded judgment is a lien on non-exempt land in that county (Property Code § 52.001).
- It lasts 10 years from recording unless the judgment goes dormant (§ 52.006).
- A homestead is exempt: rural up to 200 acres (family) or 100 (single) (§ 41.002).
- Homestead affidavit + certified mail clears the record; creditor has 30 days to contest (§ 52.0012).
Can I sell Texas land that has a lien on it?
Yes. Most liens are paid off at closing. The title company finds every recorded lien in its search, asks each creditor for a payoff, pays them from the sale price and records the releases, so the buyer gets clear title and you get what’s left. The problem is only a lien bigger than the price.
Common liens on Texas land: a mortgage or owner-finance note, a judgment from a lawsuit or old debt, unpaid property taxes (selling with back taxes), a contractor’s lien, or a federal or state tax lien. The title commitment lists them before you sign anything final.
A sale that closes pays these off. A residential contract for deed is different: Texas generally bars one on land with a lien, with one narrow exception (§ 5.085). See owner financing land with a mortgage.
How does a judgment lien work on Texas land?
When a creditor records an abstract of a court judgment in a county, it becomes a lien on your real property there, including land you buy later, unless the property is exempt, such as a homestead (Property Code § 52.001). It lasts 10 years from recording unless the judgment goes dormant (§ 52.006).
Judgments in favor of the State of Texas or a state agency don’t go dormant: their liens last 20 years and can be renewed once for another 20 (§ 52.006). Because the lien is tied to the county where the abstract is recorded, the title company searches the county where your land sits.
Does a judgment lien attach to my Texas homestead?
No. A judgment lien does not attach to property exempt under Chapter 41, and a homestead is exempt. A rural homestead covers up to 200 acres for a family or 100 acres for a single adult, with the improvements (Property Code § 41.002(b)). Vacant land that isn’t your homestead gets no such protection.
An urban homestead is smaller: up to 10 acres. Whether land qualifies depends on how you actually use it as your home, so ask a Texas attorney if the line is close.
How do I clear a judgment lien off my homestead to sell it?
File a homestead affidavit in the county records (Property Code § 52.0012). Mail a copy by certified or registered mail to the creditor and its attorney, then file a certificate of mailing. The creditor has 30 days to file a contradicting affidavit; if it doesn’t, buyers and lenders may rely on yours.
- Affidavit. You state you own the land, it is your homestead, it is within the acreage limits, and it identifies the recorded judgment lien.
- Notice. Certified or registered mail, return receipt, to the creditor’s last known address and to its attorney (§ 52.0012(b-1)).
- Certificate of mailing. Filed with copies of the letter and proof of mailing (§ 52.0012(g)).
- Wait. If no contradicting affidavit is filed within 30 days, a buyer or lender may rely on yours for 90 days starting on day 31 (§ 52.0012(d)-(e)). Plan the closing inside that window.
Check the recording date first. The affidavit rule came from S.B. 512 and covers only an abstract of judgment recorded and indexed on or after Sept. 1, 2007 (§ 3 of the Act). An older lien follows the law before that date, so ask a Texas attorney how to clear it.
What the title company will want. A copy of the recorded affidavit and the recorded certificate of mailing, proof that no contradicting affidavit was filed in the 30 days, and a closing date inside the 90-day window. Each title company decides what it will insure, so it may still ask for a signed release from the creditor. Send them the abstract early and ask what they need.
What if the liens are more than the land is worth?
Then the sale can’t pay everyone, and the creditors have to agree to take less, or the lien has to be removed another way. Ask the title company for a lien report early, before you set a price, so you know the gap. A Texas attorney can tell you which liens are negotiable or improperly attached.
If you sell to us: We pay all closing costs (title, closing fee, notary and recording), and there is no commission. Texas has no transfer tax or deed stamps. Only a mortgage, liens or back taxes owed on the land come out of the sale proceeds, paid off by the title company at closing. We read the title report with you before you sign, so every lien is on the table up front. How selling land in Texas works · Texas land closing costs.
Please note. General information, not legal advice. Laws change and every title is different, so confirm your situation with a Texas attorney or your county tax office before you act.
Who wrote this. Twin Sun Land Co. is a direct cash buyer of vacant and rural land in Oklahoma and Texas. We are one of the options on this page, so we have a stake in the answer. Our mission: Twin Sun Land Company exists to serve landowners: we make selling land simple, transparent, and fair, so every owner walks away with the most value their property can bring. The Texas rules here come from the Texas statutes linked in the sources.
Frequently asked questions
Can you sell land with a lien on it in Texas?
Yes. The title company pays recorded liens from the sale price at closing and records the releases, as long as the price covers them.
How long does a judgment lien last in Texas?
Ten years from recording the abstract, unless the judgment goes dormant; state judgments last 20 years and can be renewed once (Property Code 52.006).
Can a judgment lien attach to a Texas homestead?
No. Homestead property is exempt (Property Code 52.001, Chapter 41). A rural homestead is up to 200 acres for a family, 100 for a single adult.
How do I remove a judgment lien from my homestead in Texas?
File a homestead affidavit, mail it to the creditor and its attorney, and file a certificate of mailing (Property Code 52.0012). The creditor has 30 days to contest.
Does a judgment lien attach to land I buy later in Texas?
Yes, if it’s non-exempt real property in a county where the abstract is recorded (Property Code 52.001).
Who pays off liens when Texas land sells?
The title company, from the sale proceeds at closing, using payoff letters from each creditor.
Sources
Every rule on this page comes from the Texas Property Code, read October 30, 2026. How to cite: Twin Sun Land Company team, “Selling Texas Land With a Lien,” Twin Sun Land Co., October 2026.
- A recorded abstract of judgment is a lien on the debtor’s non-exempt real property in that county, including land acquired later: Property Code § 52.001
- A judgment lien lasts 10 years from recording unless the judgment goes dormant; state judgments 20 years, renewable once: Property Code § 52.006
- Homestead affidavit as a release of record of a judgment lien; notice, 30-day contest window, 90-day reliance: Property Code § 52.0012
- The homestead affidavit rule covers only abstracts of judgment recorded and indexed on or after Sept. 1, 2007; older liens follow the prior law: S.B. 512 (80th Leg., 2007), § 3
- Rural homestead: up to 200 acres for a family, 100 acres for a single adult: Property Code § 41.002
- A residential contract for deed generally requires land free of liens and other encumbrances: Property Code § 5.085
More for Texas landowners
Last updated Nov 4, 2026. General information, not legal, tax or financial advice.
Get a written cash offer for your Texas land, liens and all.
Free written offer within 24 hours. $0 commission. We pay title, closing fee, notary and recording, and Texas has no deed stamps. You can say no.