Kingdom Law & Justice

09/19/2026

Practical Legal Skills Training for Law Students and New Attorneys
Wednesday, October 21, 2026 at 10:30 am CST via Zoom

09/17/2026

Interested in buying real estate in US, Kenya or Nigeria??

Discussing Real Estate Transactions in US, Kenya, and Nigeria. Gue...

09/11/2026

Pretend Sales of a Homestead and Homestead Protections in Texas

By Ani Sonia Chidiogo

Texas law provides strong protections for homestead property. Under Article XVI, Section 50, a homestead is generally protected from forced sale for most debts, subject to constitutional exceptions.

But what happens when a transaction is presented as a sale but is intended to secure a debt?

What Is a Pretended Sale?

A pretended sale occurs when a transaction is presented as a sale, but the circumstances show that the property was intended as security for a debt.

Texas courts look beyond the documents and consider the parties’ intent and surrounding circumstances. In Sisk v. Randon, 70 S.W.2d 553 (Tex. 1934), the court recognized that evidence may show that a deed described as a sale was actually intended as a mortgage.
Similarly, in Orozco v. Sander, 824 S.W.2d 555 (Tex. 1992), the Texas Supreme Court addressed a purported sale of a homestead that functioned as security for a debt.

Texas Homestead Protections

Article XVI, Section 50(c) provides that “[a]ll pretended sales of the homestead involving any condition of defeasance shall be void.”

Texas law also regulates certain sale-leaseback transactions. Under Texas Property Code § 41.006, qualifying transactions may be treated as loans rather than genuine sales, particularly where the property is sold below fair market value and leaseback payments exceed fair rental value.
Texas Property Code § 41.0022 provides rules for certain conveyances of non-urban-homestead property to entities in which the owner or spouse has an ownership interest.

Why Does It Matter?

A transaction does not necessarily become a valid sale simply because the documents call it a “sale.” Courts may examine whether there was an underlying loan, an obligation to repay, an agreement to return the property, or other circumstances showing that the transaction was intended as security.

Texas homestead protections are strong, but the legal effect of a transaction depends on the facts and applicable constitutional and statutory requirements.

References
• Tex. Const. art. XVI, § 50
• Tex. Prop. Code §§ 41.0022, 41.006
• Sisk v. Randon.
• Orozco v. Sander

09/09/2026

08/28/2026

Serving Our Community with Our Community. Happy that Kingdom Law & Justice was a vendor at the Business Resource Fair South Dallas Fair Park Innovation Center

08/28/2026

https://youtu.be/EBhTYY7eD5g

Immigration Updates with Attorney Benny of Rehoboth Immigration Law...

08/14/2026

Your family should not have to guess what you would have wanted.

Estate planning is about more than deciding who receives your assets. It gives you an opportunity to make important decisions about your wishes and provide clarity for the people you care about.

Without proper planning, your loved ones may face unnecessary uncertainty during an already difficult time.

Taking the time to put your wishes in place today can help make tomorrow easier.

If you have questions about estate planning, SJ Smith Law PLLC is here to help you understand your options.

🌐 Website: www.kingdomlawjustice.com

📞 Office number: 214-702-8433.

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08/10/2026

A handshake may start a business relationship, but a clear agreement can help protect it.

Business relationships can change, and misunderstandings can arise even when everyone starts with the best intentions.

A written agreement helps establish expectations, responsibilities, and obligations from the beginning. It can also provide a clear point of reference if disagreements arise later.

Whether you are entering a partnership, hiring a contractor, or working with a business client, having the right agreement in place can help protect your interests.

SJ Smith Law PLLC can help you understand and prepare agreements designed to support your business.

🌐 Website: www.kingdomlawjustice.com

📞 Office number: 214-702-8433.

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08/08/2026

08/07/2026

One overlooked document could put your property at risk.

Property transactions involve more than signing paperwork. Every document plays an important role in protecting your rights and your investment.

Taking the time to review and understand your legal documents before completing a transaction can help you avoid unnecessary complications in the future.

Whether you are buying, selling, or transferring property, informed decisions begin with the right legal guidance.

SJ Smith Law PLLC is here to help you navigate every step with confidence.

🌐 Website: www.kingdomlawjustice.com

📞 Office number: 214-702-8433.

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