reglab/housing_qa huggingface dataset:
TX Est Code § 1158.352 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle E - Administration of Guardianship|Chapter 1158 - Sale or Partition of Ward's Property|Subchapter H. Reconveyance of Real Estate Following Foreclosure|Section 1158.352. Application and Order for Reconveyance

Sec. 1158.352.  APPLICATION AND ORDER FOR RECONVEYANCE.  On proper application and proof, the court may dispense with the requirements for a credit sale prescribed by Section 1158.302 and order the reconveyance of foreclosed real estate to the former mortgage debtor or former owner if it appears to the court that:(1)  an application to redeem the real estate has been made by the former owner to a corporation or agency created by an act of the United States Congress or of this state in connection with legislation for the relief of owners of mortgaged or encumbered homes, farms, ranches, or other real estate; and(2)  owning bonds of one of those federal or state corporations or agencies instead of the real estate would be in the estate's best interests.|Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.|
TX Est Code § 1158.353 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle E - Administration of Guardianship|Chapter 1158 - Sale or Partition of Ward's Property|Subchapter H. Reconveyance of Real Estate Following Foreclosure|Section 1158.353. Exchange for Bonds

Sec. 1158.353.  EXCHANGE FOR BONDS.  (a)  If a court orders the reconveyance of foreclosed real estate under Section 1158.352, vendor's lien notes shall be reserved for the total amount of the indebtedness due or for the total amount of bonds that the corporation or agency to which the application to redeem the real estate was submitted as described by Section 1158.352(1) is allowed to advance under the corporation's or agency's rules or regulations.(b)  On obtaining the order for reconveyance, it shall be proper for the guardian to endorse and assign the reserved vendor's lien notes over to any one of the corporations or agencies described by Section 1158.352(1) in exchange for bonds of that corporation or agency.|Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.|
TX Est Code § 1158.401 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle E - Administration of Guardianship|Chapter 1158 - Sale or Partition of Ward's Property|Subchapter I. Sale of Real Estate: Public Auction|Section 1158.401. Required Notice

Sec. 1158.401.  REQUIRED NOTICE.  (a)  A public sale of real estate of an estate shall be made at public auction. Except as otherwise provided by Section 1158.403(c), the guardian of the estate shall advertise a public auction of real estate of the estate by a notice published in the county in which the estate is pending, as provided by this title for publication of notices or citations.  The notice must:(1)  include a reference to the order of sale;(2)  include the time, place, and required terms of sale; and(3)  briefly describe the real estate to be sold.(b)  The reference described by Subsection (a)(1) is not required to contain field notes, but if the real estate to be sold is rural property, the reference must include:(1)  the name of the original survey of the real estate;(2)  the number of acres the real estate consists of;(3)  the location of the real estate in the county; and(4)  the name by which the real estate is generally known.|Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.Amended by: Acts 2021, 87th Leg., R.S., Ch. 521 (S.B. 626), Sec. 37, eff. September 1, 2021.|
TX Est Code § 1158.402 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle E - Administration of Guardianship|Chapter 1158 - Sale or Partition of Ward's Property|Subchapter I. Sale of Real Estate: Public Auction|Section 1158.402. Completion of Auction

Sec. 1158.402.  COMPLETION OF AUCTION.  A public auction of real estate of an estate shall be completed on the bid of the highest bidder.|Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.Amended by: Acts 2021, 87th Leg., R.S., Ch. 521 (S.B. 626), Sec. 38, eff. September 1, 2021.|
TX Est Code § 1158.403 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle E - Administration of Guardianship|Chapter 1158 - Sale or Partition of Ward's Property|Subchapter I. Sale of Real Estate: Public Auction|Section 1158.403. Time and Place of Auction

Sec. 1158.403.  TIME AND PLACE OF AUCTION.  (a)  Except as provided by Subsection (c), a public auction of real estate of an estate shall be held at:(1)  the courthouse door in the county in which the real estate is located, or if the real estate is located in more than one county, the courthouse door in any county in which the real estate is located; or(2)  another place in a county described by Subdivision (1) at which auctions of real estate are specifically authorized to be held as designated by the commissioners court of the county under Section 51.002(a), Property Code.(b)  Except as otherwise provided by this subsection, the auction must occur between 10 a.m. and 4 p.m. on the first Tuesday of the month after publication of notice has been completed.  If the first Tuesday of the month occurs on January 1 or July 4, the auction must occur between 10 a.m. and 4 p.m. on the first Wednesday of the month.(c)  If the court considers it advisable, the court may order the auction to be held in the county in which the proceedings are pending, in which event notice shall be published both in that county and in the county in which the real estate is located.|Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.Amended by: Acts 2021, 87th Leg., R.S., Ch. 521 (S.B. 626), Sec. 39, eff. September 1, 2021.|
TX Est Code § 1158.404 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle E - Administration of Guardianship|Chapter 1158 - Sale or Partition of Ward's Property|Subchapter I. Sale of Real Estate: Public Auction|Section 1158.404. Continuance of Auction

Sec. 1158.404.  CONTINUANCE OF AUCTION.  (a)  A public auction of real estate of an estate that is not completed on the day advertised may be continued from day to day by an oral public announcement of the continuance made at the conclusion of the auction each day.(b)  A continued auction must occur within the hours prescribed by Section 1158.403(b).(c)  The continuance of an auction under this section shall be shown in the report made to the court under Section 1158.551.|Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.Amended by: Acts 2021, 87th Leg., R.S., Ch. 521 (S.B. 626), Sec. 40, eff. September 1, 2021.|
TX Est Code § 1158.405 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle E - Administration of Guardianship|Chapter 1158 - Sale or Partition of Ward's Property|Subchapter I. Sale of Real Estate: Public Auction|Section 1158.405. Failure of Bidder to Comply

Sec. 1158.405.  FAILURE OF BIDDER TO COMPLY.  (a)  If a person who successfully bids on real estate of the guardianship estate offered at public auction fails to comply with the terms of the bid, the property shall be readvertised and auctioned without any further order.(b)  The person defaulting on a bid as described by Subsection (a) is liable for payment to the guardian of the estate, for the estate's benefit, of:(1)  10 percent of the amount of the bid; and(2)  the amount of any deficiency in price on the second auction.(c)  The guardian shall recover the amounts under Subsection (b) by suit in any court in the county in which the auction was held that has jurisdiction over the amount claimed.|Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.Amended by: Acts 2021, 87th Leg., R.S., Ch. 521 (S.B. 626), Sec. 41, eff. September 1, 2021.|
TX Est Code § 1158.451 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle E - Administration of Guardianship|Chapter 1158 - Sale or Partition of Ward's Property|Subchapter J. Sale of Real Estate: Contract for Private Sale|Section 1158.451. Terms of Sale

Sec. 1158.451.  TERMS OF SALE.  The guardian of the estate may enter into a contract for the private sale of real estate of the estate made in the manner the court directs in the order of sale.  Unless the court directs otherwise, additional advertising, notice, or citation concerning the sale is not required.|Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.Amended by: Acts 2021, 87th Leg., R.S., Ch. 521 (S.B. 626), Sec. 43, eff. September 1, 2021.|
TX Est Code § 1158.501 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle E - Administration of Guardianship|Chapter 1158 - Sale or Partition of Ward's Property|Subchapter K. Sale of Easement or Right-of-Way|Section 1158.501. Authorization

Sec. 1158.501.  AUTHORIZATION.  The guardian may sell and convey easements and rights-of-way on, under, and over the land of a guardianship estate that is being administered under court order, regardless of whether the sale proceeds are required to pay charges or claims against the estate, or for other lawful purposes.|Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.|
TX Est Code § 1158.502 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle E - Administration of Guardianship|Chapter 1158 - Sale or Partition of Ward's Property|Subchapter K. Sale of Easement or Right-of-Way|Section 1158.502. Procedure

Sec. 1158.502.  PROCEDURE.  The procedure for the sale of an easement or right-of-way authorized under Section 1158.501 is the same as the procedure provided by law for a private sale of real property of a ward by contract.|Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.Amended by: Acts 2021, 87th Leg., R.S., Ch. 521 (S.B. 626), Sec. 44, eff. September 1, 2021.|
TX Est Code § 1158.551 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle E - Administration of Guardianship|Chapter 1158 - Sale or Partition of Ward's Property|Subchapter L. Approval of Sale of Real Property and Transfer of Title|Section 1158.551. Report

Sec. 1158.551.  REPORT.  A successful bid or private contract for the sale of estate real property shall be reported to the court ordering the sale not later than the 30th day after the date the bid is made or the property is placed under contract.  The report must:(1)  be in writing, sworn to, and filed with the clerk;(2)  include:(A)  the date of the order of sale;(B)  a description of the property being sold;(C)  the time and place of the auction or date the property is placed under contract;(D)  the purchaser's name;(E)  the amount of the successful bid or the purchase price for each parcel of property or interest in the parcel of property auctioned or placed under contract;(F)  the terms of the sale;(G)  whether the proposed sale of the property was made at public auction or by contract; and(H)  whether the purchaser is ready to comply with the order of sale; and(3)  be noted on the guardianship docket.|Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.Amended by: Acts 2021, 87th Leg., R.S., Ch. 521 (S.B. 626), Sec. 46, eff. September 1, 2021.|
TX Est Code § 1158.552 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle E - Administration of Guardianship|Chapter 1158 - Sale or Partition of Ward's Property|Subchapter L. Approval of Sale of Real Property and Transfer of Title|Section 1158.552. Action of Court on Report

Sec. 1158.552.  ACTION OF COURT ON REPORT.  After the expiration of five days from the date a report is filed under Section 1158.551, the court shall:(1)  consider the manner in which the auction described in the report was held or the contract described in the report was entered into;(2)  consider evidence in support of or against the report; and(3)  determine the sufficiency or insufficiency of the guardian's general bond, if any has been required and given.|Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.Amended by: Acts 2021, 87th Leg., R.S., Ch. 521 (S.B. 626), Sec. 47, eff. September 1, 2021.|
TX Est Code § 1158.553 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle E - Administration of Guardianship|Chapter 1158 - Sale or Partition of Ward's Property|Subchapter L. Approval of Sale of Real Property and Transfer of Title|Section 1158.553. Approval of Sale When Bond Not Required

Sec. 1158.553.  APPROVAL OF SALE WHEN BOND NOT REQUIRED.  If the guardian of the estate of a ward is not required by Subtitle D to give a general bond, the court may approve the sale of estate real property in the manner provided by Section 1158.556(a) if the court finds that the sale is satisfactory and made in accordance with law.|Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.Amended by: Acts 2021, 87th Leg., R.S., Ch. 521 (S.B. 626), Sec. 48, eff. September 1, 2021.|
TX Est Code § 1158.554 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle E - Administration of Guardianship|Chapter 1158 - Sale or Partition of Ward's Property|Subchapter L. Approval of Sale of Real Property and Transfer of Title|Section 1158.554. Sufficiency of Bond

Sec. 1158.554.  SUFFICIENCY OF BOND.  (a)  If the guardian of an estate is required by Subtitle D to give a general bond, before the court approves any sale of real estate, the court shall determine whether the bond is sufficient to protect the estate after the sale proceeds are received.(b)  If the court finds that the general bond is sufficient, the court may approve the sale as provided by Section 1158.556(a).(c)  If the court finds that the general bond is insufficient, the court may not approve the sale until the general bond is increased to the amount required by the court, or an additional bond is given, and approved by the court.(d)  An increase in the amount of the general bond, or the additional bond, as applicable under Subsection (c), must be equal to the sum of:(1)  the amount for which the real estate is sold; and(2)  any additional amount the court finds necessary and sets for the estate's protection.|Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.Amended by: Acts 2021, 87th Leg., R.S., Ch. 521 (S.B. 626), Sec. 49, eff. September 1, 2021.|
TX Est Code § 1158.555 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle E - Administration of Guardianship|Chapter 1158 - Sale or Partition of Ward's Property|Subchapter L. Approval of Sale of Real Property and Transfer of Title|Section 1158.555. Increased or Additional Bond Not Required

Sec. 1158.555.  INCREASED OR ADDITIONAL BOND NOT REQUIRED.  Notwithstanding Sections 1158.554(c) and (d), if the real estate sold is encumbered by a lien to secure a claim against the estate and is sold to the owner or holder of the secured claim in full payment, liquidation, and satisfaction of the claim, an increased general bond or additional bond may not be required except for the amount of any cash paid to the guardian of the estate in excess of the amount necessary to pay, liquidate, and satisfy the claim in full.|Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.|
TX Est Code § 1158.556 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle E - Administration of Guardianship|Chapter 1158 - Sale or Partition of Ward's Property|Subchapter L. Approval of Sale of Real Property and Transfer of Title|Section 1158.556. Approval or Disapproval Order

Sec. 1158.556.  APPROVAL OR DISAPPROVAL ORDER.  (a)  If the court is satisfied that the proposed sale of real property reported under Section 1158.551 is for a fair price, properly made, and in conformity with law, and the court has approved any increased or additional bond that the court found necessary to protect the estate, the court shall enter an order:(1)  approving the sale;(2)  showing conformity with this chapter;(3)  detailing the terms of the sale; and(4)  authorizing the guardian of the estate to convey the property on the purchaser's compliance with the terms of the sale.(b)  If the court is not satisfied that the proposed sale of real property is for a fair price, properly made, and in conformity with law, the court shall enter an order setting aside the bid or contract and ordering a new sale to be made, if necessary.(c)  The court's action in approving or disapproving a report under Section 1158.551 has the effect of a final judgment.  Any person interested in the guardianship estate or in the sale is entitled to have an order entered under this section reviewed as in other final judgments in probate proceedings.|Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.Amended by: Acts 2021, 87th Leg., R.S., Ch. 521 (S.B. 626), Sec. 50, eff. September 1, 2021.|
TX Est Code § 1158.557 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle E - Administration of Guardianship|Chapter 1158 - Sale or Partition of Ward's Property|Subchapter L. Approval of Sale of Real Property and Transfer of Title|Section 1158.557. Deed

Sec. 1158.557.  DEED.  Real estate of an estate that is sold shall be conveyed by a proper deed that refers to and identifies the court order approving the sale.  The deed:(1)  vests in the purchaser all right and title of the estate to, and all interest of the estate in, the property; and(2)  is prima facie evidence that the sale has met all applicable requirements of the law.|Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.Amended by: Acts 2021, 87th Leg., R.S., Ch. 521 (S.B. 626), Sec. 51, eff. September 1, 2021.|
TX Est Code § 1158.558 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle E - Administration of Guardianship|Chapter 1158 - Sale or Partition of Ward's Property|Subchapter L. Approval of Sale of Real Property and Transfer of Title|Section 1158.558. Delivery of Deed

Sec. 1158.558.  DELIVERY OF DEED.  (a)  After the court has approved a sale and the purchaser has complied with the terms of the sale, the guardian of the estate shall promptly execute and deliver to the purchaser a proper deed conveying the property.(b)  If the sale is made partly on credit:(1)  the vendor's lien securing a purchase money note must be expressly retained in the deed and may not be waived; and(2)  before actual delivery of the deed to the purchaser, the purchaser shall execute and deliver to the guardian of the estate a vendor's lien note, with or without personal sureties as ordered by the court, and a deed of trust or mortgage on the property as additional security for the payment of the note.(c)  On completion of the transaction, the guardian of the estate shall promptly file and record the deed of trust or mortgage in the appropriate records in the county in which the land is located.|Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.Amended by: Acts 2021, 87th Leg., R.S., Ch. 521 (S.B. 626), Sec. 52, eff. September 1, 2021.|
TX Est Code § 1158.559 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle E - Administration of Guardianship|Chapter 1158 - Sale or Partition of Ward's Property|Subchapter L. Approval of Sale of Real Property and Transfer of Title|Section 1158.559. Damages; Removal

Sec. 1158.559.  DAMAGES; REMOVAL.  (a)  If the guardian of the estate neglects to comply with Section 1158.558, including to file the deed of trust securing a lien in the proper county, the guardian and the sureties on the guardian's bond shall, after complaint and citation, be held liable for the use of the estate and for all damages resulting from the guardian's neglect, and the court may remove the guardian.(b)  Damages under this section may be recovered in a court of competent jurisdiction.|Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.|
TX Est Code § 1158.601 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle E - Administration of Guardianship|Chapter 1158 - Sale or Partition of Ward's Property|Subchapter M. Procedure on Failure to Apply for Sale|Section 1158.601. Failure to Apply for Sale

Sec. 1158.601.  FAILURE TO APPLY FOR SALE.  If the guardian of the estate of a ward neglects to apply for an order to sell sufficient  property to pay charges and claims against the estate that have been allowed and approved or established by suit, an interested person, on written application, may have the guardian cited to appear and make a full exhibit of the estate's condition and show cause why a sale of the property should not be ordered.|Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.|
TX Est Code § 1158.602 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle E - Administration of Guardianship|Chapter 1158 - Sale or Partition of Ward's Property|Subchapter M. Procedure on Failure to Apply for Sale|Section 1158.602. Court Order

Sec. 1158.602.  COURT ORDER.  On hearing an application under Section 1158.601, if the court is satisfied that a sale of estate property is necessary or advisable to satisfy the charges and claims described by Section 1158.601, the court shall enter an order of sale as provided by Section 1158.256.|Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.|
TX Est Code § 1158.651 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle E - Administration of Guardianship|Chapter 1158 - Sale or Partition of Ward's Property|Subchapter N. Purchase of Estate Property by Guardian|Section 1158.651. General Prohibition on Purchase

Sec. 1158.651.  GENERAL PROHIBITION ON PURCHASE.  Except as otherwise provided by Section 1158.652 or 1158.653, the guardian of the estate of a ward may not purchase, directly or indirectly, any estate property sold by the guardian or any co-representative of the guardian.|Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.|
TX Est Code § 1158.652 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle E - Administration of Guardianship|Chapter 1158 - Sale or Partition of Ward's Property|Subchapter N. Purchase of Estate Property by Guardian|Section 1158.652. Exception: Executory Contract

Sec. 1158.652.  EXCEPTION: EXECUTORY CONTRACT.  The guardian of the estate of a ward may purchase estate property in compliance with the terms of a written executory contract signed by the ward before the ward became incapacitated, including:(1)  a contract for deed;(2)  an earnest money contract;(3)  a buy/sell agreement; and(4)  a stock purchase or redemption agreement.|Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.|