The League joined a recent Bastrop fire victim in a suit against a bail bondsman for illegally taking her homestead as collateral for a bail bond. In Texas, homesteads are protected from all liens with few exceptions. The exceptions include defaulting on the loan used to purchase the property (or a refinance of the original debt), failing to pay property taxes and HOA dues (which are just another form of property tax), and defaulting on a home improvement loan or loan with special terms known as a home equity loan. There are some other exceptions, but in general you cannot lose your home in Texas for other types of debt. Check out Article XVI, Section 50(a)(1-8) for the complete list of eight exceptions here. A bail bond is not on the list.
The individual plaintiff was living on the property but after the fire she could not move the replacement mobile home on the land because the bail bondsman filed a deed purporting to give the bondsman the property. We are hopeful to get title back for the fire victim soon and plan to investigate further because we suspect the bondsman may have done this to other homeowners. To see the original petition, go here.
Posted by Robert Doggett, Texas RioGrande Legal Aid 
