The question was "Does the placement of one-party foreclosable contractual liens on the land by the developer that supersede the homestead rights created in Article XVI, Section 50 of the Texas Constitution violate the Texas Homestead Act?"

On June 7, 2004, as President and Co-founder of The Texas Homeowners Advocate Group (now a 501(c)(3) charitable organization whose political organization went to The National Homeowners Advocate Group, LLC), Harvella Jones asked The Honorable Fred Hill, Chair, Local Government Ways and Means Committee, to ask the Attorney General of Texas, Greg Abbott, to answer the question.

As a result of asking on behalf of Texas's voters and homeowners, we learned from the Attorney General of Texas Greg Abbott on December 9, 2004, that "A property owner may encumber real property with a covenant running with the land, which, depending on the particular instruments and circumstances involved, may be enforced by foreclosure without violating subsequent purchasers' constitutional and statutory homestead rights."

Now look at the part I have italicized, "depending on the particular instruments and circumstances".  Doesn't this give you hope?

I want to share something else with you, on Page 4 of the Attorney General's Opinion, he wrote in the last paragraph, "We have received extensive briefing that takes issue with the Texas Supreme Court's analysis and reasoning in Inwood and recommends "'repeal' of the Inwood law."3  That may be good policy and, as such, would be appropriate for the legislature to address or for the Texas Supreme Court to consider.  The attorney general's constitutional duty to render legal advice, however, does not include the authority to legislate or to establish binding judicial precedent.  See TEX. CONST. art. IV,

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3 See Brief from Harvella Jones, Texas Homeowners' Advocate Group, to Nancy Fuller, Chair, Opinion Committee, Office of Attorney Geneal, at 6 (July 20, 2004 (on file with Opinion Committee). 

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I highlighted this in boldface because these words you may not see anywhere else.  What the Attorney General is telling us here is for us to go to our legislator or the Texas Supreme Court and get this done.

Two important words--US and LEGISLATORS! 

I will be more than happy to send you a copy of my letter to Rep. Hill on June 7, 2004; Rep. Fred Hill's letter on June 9, 2004 and the Attorney General's Opinion on December 9, 2004. 

Harvella Jones

harvellajones1234@sbcglobal.net

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