reglab/housing_qa huggingface dataset:
TX Prop § 62.122 (2021)
2021 Texas Statutes|Property Code|Title 5 - Exempt Property and Liens|Subtitle B - Liens|Chapter 62 - Broker's and Appraiser's Lien on Commercial Real Estate|Subchapter G. Bond to Indemnify Against Lien|Section 62.122. Bond Requirements

Sec. 62.122.  BOND REQUIREMENTS.  The bond must:(1)  describe the commercial real estate on which the lien is claimed;(2)  refer to the lien claimed in a manner sufficient to identify it;(3)  be in an amount that is double the amount of the lien referred to in the bond as of the date of execution of the bond by the surety, unless the total amount claimed in the lien exceeds $40,000, in which case the bond must be in an amount that is 1-1/2 times the amount of the lien;(4)  be payable to the party claiming the lien;(5)  be executed by:(A)  the party filing the bond as principal;  and(B)  a corporate surety licensed by this state to execute the bond as surety;(6)  be conditioned substantially that the principal and sureties will pay the named obligees or their assignees the amount that the named obligees would have been entitled to recover if their claim had been proved to be valid and enforceable liens on the commercial real estate;  and(7)  identify the last known mailing address of the person claiming the lien.|Added by Acts 1999, 76th Leg., ch. 1571, Sec. 1, eff. Aug. 30, 1999.|
TX Prop § 62.123 (2021)
2021 Texas Statutes|Property Code|Title 5 - Exempt Property and Liens|Subtitle B - Liens|Chapter 62 - Broker's and Appraiser's Lien on Commercial Real Estate|Subchapter G. Bond to Indemnify Against Lien|Section 62.123. Notice of Bond

Sec. 62.123.  NOTICE OF BOND.  (a)  After the bond is filed, the county clerk shall issue notice of the bond to all named obligees.(b)  A copy of the bond must be attached to the notice.(c)  The notice must be served on each obligee by mailing a copy of the notice and the bond to the obligee by certified mail, return receipt requested, addressed to the claimant at the address stated in the bond for the obligee.|Added by Acts 1999, 76th Leg., ch. 1571, Sec. 1, eff. Aug. 30, 1999.|
TX Prop § 62.124 (2021)
2021 Texas Statutes|Property Code|Title 5 - Exempt Property and Liens|Subtitle B - Liens|Chapter 62 - Broker's and Appraiser's Lien on Commercial Real Estate|Subchapter G. Bond to Indemnify Against Lien|Section 62.124. Recording of Bond and Notice

Sec. 62.124.  RECORDING OF BOND AND NOTICE.  (a)  The county clerk shall record the bond, the notice, and a certificate of mailing in the real property records.(b)  In acquiring an interest in or insuring title to the commercial real estate, a buyer, insurer of title, or lender may rely on and is absolutely protected by the record of the bond and the notice to the same extent as if the lien claimant had filed a release of lien in the real property records.|Added by Acts 1999, 76th Leg., ch. 1571, Sec. 1, eff. Aug. 30, 1999.|
TX Prop § 62.125 (2021)
2021 Texas Statutes|Property Code|Title 5 - Exempt Property and Liens|Subtitle B - Liens|Chapter 62 - Broker's and Appraiser's Lien on Commercial Real Estate|Subchapter G. Bond to Indemnify Against Lien|Section 62.125. Action on Bond

Sec. 62.125.  ACTION ON BOND.  (a)  A party making or holding a lien claim may not sue on the bond later than the last date on which a person may bring a suit to foreclose the lien under Section 62.062.(b)  The bond is not exhausted by one action against it.  Each named obligee or assignee of an obligee may maintain a separate suit on the bond in any district court for the county in which the commercial real estate is located.|Added by Acts 1999, 76th Leg., ch. 1571, Sec. 1, eff. Aug. 30, 1999.|
TX Prop § 62.141 (2021)
2021 Texas Statutes|Property Code|Title 5 - Exempt Property and Liens|Subtitle B - Liens|Chapter 62 - Broker's and Appraiser's Lien on Commercial Real Estate|Subchapter H. Remedies|Section 62.141. Owner's or Tenant's Remedies

Sec. 62.141.  OWNER'S OR TENANT'S REMEDIES.  (a)  An owner or tenant may file suit against a broker under this chapter.(b)  In an action filed under this section, the court shall discharge a broker's lien if the broker:(1)  failed to mail a copy of the notice of lien within the period prescribed by Section 62.026;(2)  failed to execute, acknowledge, and return a subordination agreement within the period prescribed by Section 62.029(d);(3)  failed to record the notice of lien within the period prescribed by Section 62.041;  or(4)  failed to release a lien within the period prescribed by Section 62.081.(c)  A broker is liable to an owner or tenant for damages as provided by Subsection (d) if:(1)  the broker recorded a lien on the commercial real estate interest of the owner or tenant;(2)  the broker failed to:(A)  execute, acknowledge, and return a subordination agreement within the period prescribed by Section 62.029(d);  or(B)  release a lien within the period prescribed by Section 62.081;(3)  the owner, tenant, or escrow agent mailed to the broker by certified mail, return receipt requested, a copy of this section and a notice requesting the broker to execute, acknowledge, and return the subordination agreement or release the lien not later than the 10th day after the date the broker receives the notice;  and(4)  the broker failed to comply with the owner's, tenant's, or escrow agent's written notice within the prescribed period.(d)  If the court finds that a broker is liable to an owner or tenant under Subsection (c), the court may award the owner or tenant:(1)  actual damages, including attorney's fees and court costs, incurred by the owner or tenant that are proximately caused by the broker's failure to execute, acknowledge, and return the subordination agreement or release the lien;  and(2)  a civil penalty in an amount not to exceed three times the amount of the claimed commission if the court finds that the broker acted with gross negligence or acted in bad faith in violation of Chapter 1101, Occupations Code.(e)  This section does not prevent:(1)  a person from filing a complaint with the Texas Real Estate Commission against a broker who fails to comply with this chapter;  or(2)  the Texas Real Estate Commission at any time from investigating or initiating a disciplinary proceeding against a broker who fails to comply with this chapter.|Added by Acts 1999, 76th Leg., ch. 1571, Sec. 1, eff. Aug. 30, 1999.  Amended by Acts 2003, 78th Leg., ch. 1276, Sec. 14A.804, eff. Sept. 1, 2003.|
TX Prop § 62.142 (2021)
2021 Texas Statutes|Property Code|Title 5 - Exempt Property and Liens|Subtitle B - Liens|Chapter 62 - Broker's and Appraiser's Lien on Commercial Real Estate|Subchapter H. Remedies|Section 62.142. Broker's Remedies

Sec. 62.142.  BROKER'S REMEDIES.  (a)  A broker may file suit against an owner or tenant to enforce a commission agreement.(b)  If the court finds that the broker waived the right to file a lien under Section 62.022 and that the owner or tenant violated the commission agreement, the court may award to the broker:(1)  actual damages, including attorney's fees and court costs, that are proximately caused by the owner's or tenant's failure to comply with the commission agreement;  and(2)  a civil penalty in an amount not to exceed three times the amount of the claimed commission if the court finds that the owner or tenant acted with gross negligence or in bad faith.|Added by Acts 1999, 76th Leg., ch. 1571, Sec. 1, eff. Aug. 30, 1999.|
TX Prop § 64.001 (2021)
2021 Texas Statutes|Property Code|Title 5 - Exempt Property and Liens|Subtitle B - Liens|Chapter 64 - Assignment of Rents to Lienholder|Subchapter A. General Provisions|Section 64.001. Definitions

Sec. 64.001.  DEFINITIONS.  In this chapter:(1)  "Assignee" means a person entitled to enforce a security instrument.(2)  "Assignment of rents" means a transfer of an interest in rents in connection with an obligation secured by real property from which the rents arise.  The term does not include a contract for a charge authorized by Section 306.101, Finance Code, or a true sale of rents.(3)  "Assignor" means a person who makes a security instrument that creates an assignment of rents arising from real property or that person's successor in interest with respect to the real property.(4)  "Cash proceeds" means proceeds that are money, checks, deposit accounts, or the like.(5)  "Day" means a calendar day.(6)  "Deposit account" means a demand, time, savings, passbook, escrow, or similar account maintained with a bank, savings bank, savings and loan association, credit union, trust company, or other person.(7)  "Document" means information that is inscribed on a tangible medium or that is stored on an electronic or other medium and is retrievable in perceivable form.(8)  "Proceeds" means personal property that is received, collected, or distributed on account of an obligation to pay rents.(9)  "Rents" means  consideration payable for the right to possess or occupy, or for possessing or occupying, real property,  consideration payable to an assignor under a policy of rental interruption insurance covering real property,  claims arising out of a default in the payment of consideration payable for the right to possess or occupy real property,  consideration payable to terminate an agreement to possess or occupy real property,  consideration payable to an assignor for payment or reimbursement of expenses incurred in owning, operating, and maintaining, or constructing or installing improvements on, real property, or any other consideration payable under an agreement relating to the real property that constitutes rents under a law of this state other than this chapter.  The term does not include consideration payable under an oil and gas lease, mineral lease, or other conveyance of a mineral estate.(10)  "Secured obligation" means an obligation secured by an assignment of rents.(11)  "Security instrument" means:(A)  a security instrument, as that term is defined by Section 51.0001; or(B)  an agreement containing an assignment of rents.(12)  "Security interest" means an interest in property that arises by agreement and secures an obligation.(13)  "Sign" includes to sign by an electronic signature, as defined by Section 15.002.(14)  "Tenant" means a person who has an obligation to pay for the right to possess or occupy, or for possessing or occupying, real property.|Added by Acts 2011, 82nd Leg., R.S., Ch. 636 (S.B. 889), Sec. 2, eff. June 17, 2011.Amended by: Acts 2013, 83rd Leg., R.S., Ch. 453 (S.B. 848), Sec. 1, eff. June 14, 2013.|
TX Prop § 64.002 (2021)
2021 Texas Statutes|Property Code|Title 5 - Exempt Property and Liens|Subtitle B - Liens|Chapter 64 - Assignment of Rents to Lienholder|Subchapter A. General Provisions|Section 64.002. Manner of Giving Notice

Sec. 64.002.  MANNER OF GIVING NOTICE.  (a)  A person may give notice under this chapter:(1)  by transmitting the notice in the manner described by Section 51.002(e);(2)  by depositing the notice with the United States Postal Service or a commercially reasonable delivery service, properly addressed to the intended recipient's address in accordance with this section, with first class postage or other cost of delivery paid; or(3)  by transmitting the notice to the intended recipient by any means agreed to by the intended recipient.(b)  The following rules determine the address for notices under Subsection (a):(1)  the address for notices to an assignee is the address of the assignee agreed in the security instrument or other document between the parties as the address for notices to the assignee, unless a more recent address for notices has been given by the assignee to the person giving the notice in accordance with Subsection (a) or as agreed in a security instrument or other document signed by the assignee;(2)  the address for notices to an assignor is the address of the assignor agreed in the security instrument or other document between the parties as the address for notices to the assignor or as provided in Section 51.002, unless a more recent address for notices has been given by the assignor to the person giving the notice in accordance with Subsection (a) or as agreed in a security instrument or other document signed by the assignor; and(3)  for notices to a tenant:(A)  if there is  an address for notices to the tenant in a signed document between the tenant and the person giving the notice, the person giving the notice shall use that address unless a more recent address for notices has been given by the tenant in accordance with that document;(B)  if an address for notices described by Paragraph (A) does not exist, but the tenant's agreement with the assignor has an address for notices to the tenant and the person giving the notice has received a copy of that document or has actual knowledge of the address for notices specified in that document, the person giving the notice shall use that address; or(C)  if an address for notices described by Paragraphs (A) and (B) does not exist, the person giving the notice shall use the tenant's address at the real property covered by the security instrument.(c)  Notice given in accordance with this chapter is deemed received on the earliest of:(1)  the date the notice is received by the person to whom the notice is given;(2)  the fifth day after the date the notice is given in accordance with Subsection (a)(2); or(3)  the date on which notice is deemed received in accordance with an agreement made by the person to whom the notice is given.(d)  A notice under this chapter must be a document.|Added by Acts 2011, 82nd Leg., R.S., Ch. 636 (S.B. 889), Sec. 2, eff. June 17, 2011.Amended by: Acts 2013, 83rd Leg., R.S., Ch. 453 (S.B. 848), Sec. 2, eff. June 14, 2013.|
TX Prop § 64.051 (2021)
2021 Texas Statutes|Property Code|Title 5 - Exempt Property and Liens|Subtitle B - Liens|Chapter 64 - Assignment of Rents to Lienholder|Subchapter B. Assignment of Rents|Section 64.051. Security Instrument Creates Assignment of Rents; Assignment of Rents Creates Security Interest

Sec. 64.051.  SECURITY INSTRUMENT CREATES ASSIGNMENT OF RENTS; ASSIGNMENT OF RENTS CREATES SECURITY INTEREST.  (a)  An enforceable security instrument creates an assignment of rents arising from real property described in that security instrument, unless the security instrument provides otherwise or the security instrument is governed by Section 50(a)(6), (7), or (8), Article XVI, Texas Constitution.(b)  An assignment of rents creates a presently effective security interest in all accrued and unaccrued rents arising from the real property described in the security instrument creating the assignment, regardless of whether the security instrument is in the form of an absolute assignment, an absolute assignment conditioned on default or other event, an assignment as additional security, or any other form.  The security interest in rents is separate and distinct from any security interest held by the assignee in the real property from which the rents arise.(c)  An assignment of rents does not reduce the secured obligation except to the extent the assignee collects rents and applies, or is obligated to apply, the collected rents to payment of the secured obligation.|Added by Acts 2011, 82nd Leg., R.S., Ch. 636 (S.B. 889), Sec. 2, eff. June 17, 2011.Amended by: Acts 2013, 83rd Leg., R.S., Ch. 453 (S.B. 848), Sec. 3, eff. June 14, 2013.|
TX Prop § 64.052 (2021)
2021 Texas Statutes|Property Code|Title 5 - Exempt Property and Liens|Subtitle B - Liens|Chapter 64 - Assignment of Rents to Lienholder|Subchapter B. Assignment of Rents|Section 64.052. Recordation and Perfection of Security Interest in Rents; Priority of Interests in Rents

Sec. 64.052.  RECORDATION AND PERFECTION OF SECURITY INTEREST IN RENTS; PRIORITY OF INTERESTS IN RENTS.  (a)  A security instrument creating an assignment of rents may be recorded in the county in which any part of the real property is located in accordance with this code.(b)  On recordation of a security instrument creating an assignment of rents, the security interest in the rents is perfected.  This subsection prevails over a conflicting provision in the security instrument creating the assignment of rents or a law of this state other than this chapter that prohibits or defers enforcement of the security interest until the occurrence of a subsequent event, including a subsequent default of the assignor, the assignee's obtaining possession of the real property, or the appointment of a receiver.(c)  Except as provided by Subsection (d), a perfected security interest in rents has priority over the rights of a person who, after the security interest is perfected, acquires:(1)  a lien on or other security interest in the rents or the real property from which the rents arise; or(2)  an interest in the rents or the real property from which the rents arise.(d)  An assignee with a perfected security interest in rents has the same priority over the rights of a person described by Subsection (c) with respect to future advances as the assignee has with respect to the assignee's security interest in the real property from which the rents arise.|Added by Acts 2011, 82nd Leg., R.S., Ch. 636 (S.B. 889), Sec. 2, eff. June 17, 2011.Amended by: Acts 2013, 83rd Leg., R.S., Ch. 453 (S.B. 848), Sec. 4, eff. June 14, 2013.|
TX Prop § 64.053 (2021)
2021 Texas Statutes|Property Code|Title 5 - Exempt Property and Liens|Subtitle B - Liens|Chapter 64 - Assignment of Rents to Lienholder|Subchapter B. Assignment of Rents|Section 64.053. Enforcement of Security Interest in Rents Generally

Sec. 64.053.  ENFORCEMENT OF SECURITY INTEREST IN RENTS GENERALLY.  (a)  An assignee may enforce an assignment of rents using one or more of the methods provided by Section 64.054 or 64.055 or any other method sufficient to enforce an assignment of rents under a law of this state other than this chapter.(b)  On and after the date on which an assignee begins to enforce an assignment of rents, the assignee is entitled to collect all rents that:(1)  have accrued but remain unpaid on that date; and(2)  accrue on or after that date.|Added by Acts 2011, 82nd Leg., R.S., Ch. 636 (S.B. 889), Sec. 2, eff. June 17, 2011.Amended by: Acts 2013, 83rd Leg., R.S., Ch. 453 (S.B. 848), Sec. 5, eff. June 14, 2013.|
TX Prop § 64.054 (2021)
2021 Texas Statutes|Property Code|Title 5 - Exempt Property and Liens|Subtitle B - Liens|Chapter 64 - Assignment of Rents to Lienholder|Subchapter B. Assignment of Rents|Section 64.054. Enforcement by Notice to Assignor

Sec. 64.054.  ENFORCEMENT BY NOTICE TO ASSIGNOR.  (a)  After default, or as otherwise agreed by the assignor, the assignee may give the assignor a notice demanding that the assignor pay the assignee the proceeds of any rents that the assignee is entitled to collect under Section 64.053.(b)  For the purposes of Section 64.053, the assignee begins enforcement under this section on the date on which the assignee gives notice to the assignor in accordance with Section 64.002.(c)  An assignee may not enforce an assignment of rents under this section if, on the date the security instrument was signed and the date of prospective enforcement, the real property constitutes the assignor's homestead on which is located a one-family to four-family dwelling.|Added by Acts 2011, 82nd Leg., R.S., Ch. 636 (S.B. 889), Sec. 2, eff. June 17, 2011.Amended by: Acts 2013, 83rd Leg., R.S., Ch. 453 (S.B. 848), Sec. 6, eff. June 14, 2013.|
TX Prop § 64.056 (2021)
2021 Texas Statutes|Property Code|Title 5 - Exempt Property and Liens|Subtitle B - Liens|Chapter 64 - Assignment of Rents to Lienholder|Subchapter B. Assignment of Rents|Section 64.056. Form of Notice to Tenant

Sec. 64.056.  FORM OF NOTICE TO TENANT.  The following form of notice, when properly completed, satisfies the requirements of Section 64.055(a):NOTICE TO PAY RENTS TO PERSON OTHER THAN LANDLORDTenant:  [Name of tenant]Property Occupied by Tenant (the "Premises"):  [Address]Landlord:  [Name of landlord]Assignee:  [Name of assignee]Address of Assignee and Telephone Number of Contact Person:  [Address of assignee] [Telephone number of person to contact]1.  Assignee is entitled to collect rents on the Premises under [Name of Document] (the "Assignment of Rents") dated [Date of Assignment of Rents], and recorded at [Recording Data] of [Name of County] County, Texas.  You may obtain additional information about the Assignment of Rents and the Assignee's right to enforce it at the address of the Assignee.2.  A default exists under the Assignment of Rents or related documents between the Landlord and the Assignee.  The Assignee is entitled to collect rents from the Premises.3.  This notice affects your rights and obligations under the agreement under which you occupy the Premises (your "Lease Agreement").  Unless you have otherwise agreed in a document signed by you, if your next scheduled rental payment is due within 30 days after you receive this notice, you will not be in default under your Lease Agreement for nonpayment of that rental payment until the 10th day after the due date of that payment or the 30th day following the date you receive this notice, whichever occurs first.4.  You may consult a lawyer at your expense concerning your rights and obligations under your Lease Agreement and the effect of this notice.5.  You must pay to the Assignee at the Address of the Assignee all rents under your Lease Agreement that are due and payable on the date you receive this notice and all rents accruing under your Lease Agreement after you receive this notice.6.  If you pay rents to the Assignee after receiving this notice, the payment will satisfy your rental obligation to the extent of that payment.7.  If you pay any rents to the Landlord after receiving this notice, your payment to the Landlord will not discharge your rental obligation, and the Assignee may hold you liable for that rental obligation notwithstanding your payment to the Landlord unless you occupy the Premises as your primary residence.8.  If you have previously received a notice from another person who also holds an assignment of the rents due under your Lease Agreement, you should continue paying your rents to the person that sent that notice until that person cancels that notice.  Once that notice is canceled, you must begin paying rents to the Assignee in accordance with this notice.Name of assignee: __________By:  [Officer/authorized agent of assignee]|Added by Acts 2011, 82nd Leg., R.S., Ch. 636 (S.B. 889), Sec. 2, eff. June 17, 2011.|
TX Prop § 64.057 (2021)
2021 Texas Statutes|Property Code|Title 5 - Exempt Property and Liens|Subtitle B - Liens|Chapter 64 - Assignment of Rents to Lienholder|Subchapter B. Assignment of Rents|Section 64.057. Effect of Enforcement

Sec. 64.057.  EFFECT OF ENFORCEMENT.  The enforcement of an assignment of rents by a method provided by Section 64.054 or 64.055, the application of proceeds by the assignee under Section 64.059 after enforcement, the payment of expenses under Section 64.058, or an action under Section 64.060 does not:(1)  make the assignee a mortgagee in possession of the real property from which the rents arise;(2)  make the assignee an agent of the assignor;(3)  constitute an election of remedies that precludes a later action to enforce the secured obligation;(4)  make the secured obligation unenforceable;(5)  limit any right available to the assignee with respect to the secured obligation; or(6)  bar a deficiency judgment under any law of this state governing or relating to deficiency judgments following the enforcement of any encumbrance, lien, or security interest.|Added by Acts 2011, 82nd Leg., R.S., Ch. 636 (S.B. 889), Sec. 2, eff. June 17, 2011.|