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CathyB3 (Texas)
Posts: 7
Posted:
Can an HOA board in Texas who is suing a resident for a previous
lawsuit that has been closed file a judgement if they win?
Also, can they take their house to collect the money?
BruceF1 (Connecticut)
Posts: 2,535
Posted:
Cathy,

There doesn't seem to be enough information in your original post for anyone to give you a reasonable answer. Also, please realize that you will not get reliable legal advice here (see disclaimers below). Most of us are HOA board members; not lawyers or legal experts. You might be better off consulting an attorney.
TimB4 (Tennessee)
Posts: 21,059
Posted:
Cathy,

You have asked versions of this question on the following threads:

http://www.hoatalk.com/Forum/tabid/55/view/topic/forumid/1/postid/117606/Default.aspx

http://www.hoatalk.com/Forum/tabid/55/view/topic/forumid/1/postid/117620/Default.aspx

http://www.hoatalk.com/Forum/tabid/55/view/topic/forumid/1/postid/117235/Default.aspx

This thread makes number 4. It's far far easier for members of this forum to assist you if you only ask the question and any follow up questions in one thread. This way, all the background information is there and as new information is obtained, it's easier to follow and fill in the gaps. This will also result in better advice.

Based on information in your other posts (and this one) I'm understanding the following:

Your Husband previously served on a board of Directors.
A new board was elected which did not include your husband.
The new board is questioning some financial dealings that happened when your husband was on the board.
Based on these questions, the new board has (or threatened) to file legal action.

Was the legal action actually filed or just threatened or is the legal action currently happening or finalized?

Texas does have a homestead act. Here is a link: about what the act does (in plain language
Based on a quick reading of that site, it appears that your home is protected while you are alive. However, laws change an only a lawyer with knowledge of this law can give you a more definitive answer - and they will probably need to know far more information then you would be willing to share on an internet forum. I am not an attorney and I do not work within the legal profession.

Tim

TimB4 (Tennessee)
Posts: 21,059
Posted:
I forgot to add, that the homestead act does protect you from creditors. However, a court order might not be considered a creditor. Therefore, you need to seek the advice of an attorney.

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