JIM MATTOX AttorneyGeneral

Supreme Court Building P.0. BOX1254a Austin, TX. 78711. 2548 5121475-2501 Telex 9101874-1367 Telecopier 5121475.0266

714Jackson, Suite 700 Dallas. TX. 75202-4506 2141742.8944

4824AlbeRa Ave..Suite 164 ElPaso.TX. 799052793 91515353484

1Texas. Suite700 I.s,us,on. TX. 77002.3111 71312255886

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200Main Plaza. Suite 03 SanAntonio. TX. 78205-2797 512l225.4191

AnEqual Opportunilyl Affirmative Action EPplovC

# TheAttorwy GeneralofTexas
N,rrember 2. 1984

Eonorable JamesW. Smith. Jr. Prio County Attorney P. 0. BoxV Pearsall, Texas 73061 Opinion No. JM-224 Be: Whether section 52.004 of the Property Code dispenses with the requirement of article 5448. V.T.C.S., that each county clerk shall keep a separate judgment record andshall immediately file andrecord all properly authenticated abstracts ofjudgment Dear Mr. Smith: You have asked whether a county clerk is still required to maintain aseparate judgment records index for recording abstracts of judgment which establish ajudgment lien. Youhave stated that it is the practice in ona!county not to maintain separate judgment records but to record judga:ent abstracts in the real property records of that county. You ask wh#sther ajudgment lien will be established if the abstract ofjudgment is filed in the real property records. It is our opinion that, under the newly enacted Property Code, the county clerk is required to maintain a separate set of judgment records, with the appropriate indexing, for the recording of all abstracts ofjudgment which naybe filed inhis office. Before the enactment of the Property Code, the county clerk was required by statute to keep a "well bound book" for the filing of abstracts of judgmsent. V.T.C.S. art. 5448 (repealed). The new provision in the Prlaperty Code does not require a separate book but requires only that the clerk file an abstract of judgment in the "county judgment records," which maybeaseparate book as required by article 6601, V.T,C.S., or in the real property records, if the provisions of article 1941(a) have been adopted. With regard to the recording and indexing of abstracts, section 52.004 of the Property Codeprovides:

(a) 'Ihe county clerk shall immediately record in the county judgment records each properly authenticated abstract of judgment that is

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presented for recording. The clerk shall note in the records the date and hour an abstract of judgment is received. (b) At the sane time anabstract is recorded, the county clerk :rhall .enter the abstract on the alphabetical index to the judgment records, showing:

(1) the na~ne of each plaintiff In the judgment ; (2) the nana of each defendant in the judgment; and (3) the nunber of the page in the records inwhich the abstract

is recorded. (c) Theclerk shall leave aspace at the foot of each recorded abstract for the entry of credits on or satisfactior of thejudgment and shall make those entries when credits are properly shown. Article 6601. V.T.C.S., provi,des:

All deeds of trust. mortgages or judgments which are requirEEd to be recorded in order to create ajudgment lien, or other instruments of writing intended to create a lien, shall be recorded in abook orbooks separate 

### fromthose in

-- which deeds or other conveyances are recorded. (Emphasis added). - Thus, except where superseded by article 1941(a), article 6601 requires abstracts ofjudgment tobe recorded separately from the real property records. Article 1941(a) permits, acounty clerk in his sole discretion to adopt a microfilm process for the filing and recording of all instruments within his office andrepeals conflicting laws. Thelegal documents are classified into seven categories, and a separate microfilm reccrd is requiremi for each of these categories. V.T.C.S. art. 1941(a), P2. Oneof these categories is “official public records of real property,” which includes deeds and other real property transactions. As a result, we believe that a county clerk is authorized to file anabstra,ct of judgment in microfilm form. Thus, we conclude that an abstraczt of judgment is required to be recorded and filed in a book separa’te from real property records unless a

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microfilm method i941(a), V.T.C.S. of recordation is in effect

SUMMARY pursuant to article

An abstract t#f judgment is required to be recorded and filed1 in a book separate from real property records unless a microfilm method of recordation is :Ln effect pursuant to article 1941(a), V.T.C.S..

JIM HATTOX Attorney General of Texas TOMGREEN First Assistant Attorney Gealaral DAVIDR. RICHARDS Executive Assistant Attorney General RICKGILPIN Chairman, Opinion Committee Prepared byRick Gilpin Assistant Attorney General APPROVED: OPINIONCOMMITTEE Rick Gilpin. Chairman Colin Carl Susan Garrison TonyGuillory JimMoellinger Nancy Sutton

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