TX STATETexas Supreme Court
1996

Benchmark Bank v. Crowder

919 S.W.2d 657Texas Supreme Court • Decided 1996Modified
FLAGSHIPLien RightsLien WaiverCited 284 times

HOLDING

Frank Crowder borrowed money from Benchmark Bank to pay off federal tax liens on his homestead. When he defaulted, the Bank foreclosed and sold the property. The Texas Supreme Court ruled that while a bank can be subrogated to federal tax liens and foreclose on a homestead, it must compensate a non-liable spouse for their separate homestead interest. This case matters to subcontractors because it clarifies how liens work when multiple parties have claims against property, and protects spouses who didn't create the debt.

KEY FINDINGS

Lien Rights

A lender can step into the shoes of the IRS and enforce federal tax liens against a homestead if the loan proceeds paid off those liens

Lien Waiver

A non-liable spouse's homestead rights are protected—the foreclosing party must pay them fair compensation for their interest in the home

FULL COURT OPINION