reglab/housing_qa huggingface dataset:
TX Prop § 43.001 (2021)
2021 Texas Statutes|Property Code|Title 5 - Exempt Property and Liens|Subtitle A - Property Exempt From Creditors' Claims|Chapter 43 - Exempt Public Property|Section 43.001. Exempt Public Library

Sec. 43.001.  EXEMPT PUBLIC LIBRARY.  A public library is exempt from attachment, execution, and forced sale.|Acts 1983, 68th Leg., p. 3525, ch. 576, Sec. 1, eff. Jan. 1, 1984.|
TX Prop § 43.002 (2021)
2021 Texas Statutes|Property Code|Title 5 - Exempt Property and Liens|Subtitle A - Property Exempt From Creditors' Claims|Chapter 43 - Exempt Public Property|Section 43.002. Exempt Property

Sec. 43.002.  EXEMPT PROPERTY.  The real property of the state, including the real property held in the name of state agencies and funds, and the real property of a political subdivision of the state are exempt from attachment, execution, and forced sale.  A judgment lien or abstract of judgment may not be filed or perfected against the state, a unit of state government, or a political subdivision of the state on property owned by the state, a unit of state government, or a political subdivision of the state;  any such judgment lien or abstract of judgment is void and unenforceable.|Added by Acts 1997, 75th Leg., ch. 159, Sec. 1, eff. May 20, 1997.|
TX Prop § 44.001 (2021)
2021 Texas Statutes|Property Code|Title 5 - Exempt Property and Liens|Subtitle A - Property Exempt From Creditors' Claims|Chapter 44 - Taxation of Retirement Benefits by Another State|Section 44.001. Definition

Sec. 44.001.  DEFINITION.  In this chapter, "pension or other retirement plan" includes:(1)  an annuity, pension, or profit-sharing or stock bonus or similar plan established to provide retirement benefits for an officer or employee of a public or private employer or for a self-employed individual;(2)  an annuity, pension, or military retirement pay plan or other retirement plan administered by the United States;  and(3)  an individual retirement account.|Added by Acts 1993, 73rd Leg., ch. 95, Sec. 1, eff. May 7, 1993.|
TX Prop § 44.002 (2021)
2021 Texas Statutes|Property Code|Title 5 - Exempt Property and Liens|Subtitle A - Property Exempt From Creditors' Claims|Chapter 44 - Taxation of Retirement Benefits by Another State|Section 44.002. Property Exempt

Sec. 44.002.  PROPERTY EXEMPT.  All property in this state is exempt from attachment, execution, and seizure for the satisfaction of a judgment or claim in favor of another state or political subdivision of another state for failure to pay that state's or that political subdivision's income tax on benefits received from a pension or other retirement plan.|Added by Acts 1993, 73rd Leg., ch. 95, Sec. 1, eff. May 7, 1993.|
TX Prop § 44.003 (2021)
2021 Texas Statutes|Property Code|Title 5 - Exempt Property and Liens|Subtitle A - Property Exempt From Creditors' Claims|Chapter 44 - Taxation of Retirement Benefits by Another State|Section 44.003. Lien Not Created

Sec. 44.003.  LIEN NOT CREATED.  A claim or judgment in favor of another state or political subdivision of another state for failure to pay that state's or that political subdivision's income tax on benefits received from a pension or other retirement plan may not be a lien on any property in this state owned by a resident of this state.|Added by Acts 1993, 73rd Leg., ch. 95, Sec. 1, eff. May 7, 1993.|
TX Prop § 51.0001 (2021)
2021 Texas Statutes|Property Code|Title 5 - Exempt Property and Liens|Subtitle B - Liens|Chapter 51 - Provisions Generally Applicable to Liens|Section 51.0001. Definitions

Sec. 51.0001.  DEFINITIONS.  In this chapter:(1)  "Book entry system" means a national book entry system for registering a beneficial interest in a security instrument that acts as a nominee for the grantee, beneficiary, owner, or holder of the security instrument and its successors and assigns.(2)  "Debtor's last known address" means:(A)  for a debt secured by the debtor's residence, the debtor's residence address unless the debtor provided the mortgage servicer a written change of address before the date the mortgage servicer mailed a notice required by Section 51.002;  or(B)  for a debt other than a debt described by Paragraph (A), the debtor's last known address as shown by the records of the mortgage servicer of the security instrument unless the debtor provided the current mortgage servicer a written change of address before the date the mortgage servicer mailed a notice required by Section 51.002.(3)  "Mortgage servicer" means the last person to whom a mortgagor has been instructed by the current mortgagee to send payments for the debt secured by a security instrument.  A mortgagee may be the mortgage servicer.(4)  "Mortgagee" means:(A)  the grantee, beneficiary, owner, or holder of a security instrument;(B)  a book entry system;  or(C)  if the security interest has been assigned of record, the last person to whom the security interest has been assigned of record.(5)  "Mortgagor" means the grantor of a security instrument.(6)  "Security instrument" means a deed of trust, mortgage, or other contract lien on an interest in real property.(7)  "Substitute trustee" means a person appointed by the current mortgagee or mortgage servicer under the terms of the security instrument to exercise the power of sale.(8)  "Trustee" means a person or persons authorized to exercise the power of sale under the terms of a security instrument in accordance with Section 51.0074.|Added by Acts 2003, 78th Leg., ch. 554, Sec. 1, eff. Jan. 1, 2004.Amended by: Acts 2007, 80th Leg., R.S., Ch. 903 (H.B. 2738), Sec. 1, eff. June 15, 2007.|
TX Prop § 51.001 (2021)
2021 Texas Statutes|Property Code|Title 5 - Exempt Property and Liens|Subtitle B - Liens|Chapter 51 - Provisions Generally Applicable to Liens|Section 51.001. Effect on Other Liens

Sec. 51.001.  EFFECT ON OTHER LIENS.  Except as provided by Chapter 59, this subtitle does not affect:(1)  the right to create a lien by special contract or agreement;  or(2)  a lien that is not treated in this subtitle, including a lien arising under common law, in equity, or under another statute of this state.|Acts 1983, 68th Leg., p. 3525, ch. 576, Sec. 1, eff. Jan. 1, 1984.|
TX Prop § 51.0011 (2021)
2021 Texas Statutes|Property Code|Title 5 - Exempt Property and Liens|Subtitle B - Liens|Chapter 51 - Provisions Generally Applicable to Liens|Section 51.0011. Default Arising From Delinquent Ad Valorem Taxes: Installment Agreements

Sec. 51.0011.  DEFAULT ARISING FROM DELINQUENT AD VALOREM TAXES: INSTALLMENT AGREEMENTS.  (a)  Notwithstanding any agreement to the contrary, a debtor is not in default under a deed of trust or other contract lien on real property used as the debtor's residence for the delinquent payment of ad valorem taxes if:(1)  the debtor gave notice to the mortgage servicer of the intent to enter into an installment agreement with the taxing unit under Section 33.02, Tax Code, for the payment of the taxes at least 10 days before the date the debtor entered into the agreement; and(2)  the property is protected from seizure and sale and a suit may not be filed to collect a delinquent tax on the property as provided by Section 33.02(d), Tax Code.(b)  A mortgage servicer who receives a notice described by Subsection (a)(1) may pay the taxes subject to the installment agreement at any time.(c)  A mortgage servicer who receives a notice described by Subsection (a)(1) and gives the debtor notice that the mortgage servicer intends to accelerate the note securing the deed of trust or other contract lien as a result of the delinquency of the taxes that are subject to the installment agreement must rescind the notice if the debtor enters into the agreement not later than the 30th day after the date the debtor delivers the notice.|Added by Acts 2013, 83rd Leg., R.S., Ch. 935 (H.B. 1597), Sec. 4, eff. September 1, 2013.|
TX Prop § 51.0021 (2021)
2021 Texas Statutes|Property Code|Title 5 - Exempt Property and Liens|Subtitle B - Liens|Chapter 51 - Provisions Generally Applicable to Liens|Section 51.0021. Notice of Change of Address Required

Sec. 51.0021.  NOTICE OF CHANGE OF ADDRESS REQUIRED.  A debtor shall inform the mortgage servicer of the debt in a reasonable manner of any change of address of the debtor for purposes of providing notice to the debtor under Section 51.002.|Added by Acts 2003, 78th Leg., ch. 554, Sec. 1, eff. Jan. 1, 2004.|
TX Prop § 51.0025 (2021)
2021 Texas Statutes|Property Code|Title 5 - Exempt Property and Liens|Subtitle B - Liens|Chapter 51 - Provisions Generally Applicable to Liens|Section 51.0025. Administration of Foreclosure by Mortgage Servicer

Sec. 51.0025.  ADMINISTRATION OF FORECLOSURE BY MORTGAGE SERVICER.  A mortgage servicer may administer the foreclosure of property under Section 51.002 on behalf of a mortgagee if:(1)  the mortgage servicer and the mortgagee have entered into an agreement granting the current mortgage servicer authority to service the mortgage; and(2)  the notices required under Section 51.002(b) disclose  that the mortgage servicer is representing the mortgagee under a servicing agreement with the mortgagee and the name of the mortgagee and:(A)  the address of the mortgagee; or(B)  the address of the mortgage servicer, if there is an agreement granting a mortgage servicer the authority to service the mortgage.|Added by Acts 2003, 78th Leg., ch. 554, Sec. 1, eff. Jan. 1, 2004.Amended by: Acts 2005, 79th Leg., Ch. 555 (H.B. 1235), Sec. 2, eff. September 1, 2005.|
TX Prop § 51.003 (2021)
2021 Texas Statutes|Property Code|Title 5 - Exempt Property and Liens|Subtitle B - Liens|Chapter 51 - Provisions Generally Applicable to Liens|Section 51.003. Deficiency Judgment

Sec. 51.003.  DEFICIENCY JUDGMENT.  (a)  If the price at which real property is sold at a foreclosure sale under Section 51.002 is less than the unpaid balance of the indebtedness secured by the real property, resulting in a deficiency, any action brought to recover the deficiency must be brought within two years of the foreclosure sale and is governed by this section.(b)  Any person against whom such a recovery is sought by motion may request that the court in which the action is pending determine the fair market value of the real property as of the date of the foreclosure sale.  The fair market value shall be determined by the finder of fact after the introduction by the parties of competent evidence of the value.  Competent evidence of value may include, but is not limited to, the following:  (1) expert opinion testimony;  (2) comparable sales;  (3) anticipated marketing time and holding costs;  (4) cost of sale;  and (5) the necessity and amount of any discount to be applied to the future sales price or the cashflow generated by the property to arrive at a current fair market value.(c)  If the court determines that the fair market value is greater than the sale price of the real property at the foreclosure sale, the persons against whom recovery of the deficiency is sought are entitled to an offset against the deficiency in the amount by which the fair market value, less the amount of any claim, indebtedness, or obligation of any kind that is secured by a lien or encumbrance on the real property that was not extinguished by the foreclosure, exceeds the sale price.  If no party requests the determination of fair market value or if such a request is made and no competent evidence of fair market value is introduced, the sale price at the foreclosure sale shall be used to compute the deficiency.(d)  Any money received by a lender from a private mortgage guaranty insurer shall be credited to the account of the borrower prior to the lender bringing an action at law for any deficiency owed by the borrower.  Notwithstanding the foregoing, the credit required by this subsection shall not apply to the exercise by a private mortgage guaranty insurer of its subrogation rights against a borrower or other person liable for any deficiency.|Added by Acts 1991, 72nd Leg., ch. 12, Sec. 1, eff. April 1, 1991.|
TX Prop § 51.004 (2021)
2021 Texas Statutes|Property Code|Title 5 - Exempt Property and Liens|Subtitle B - Liens|Chapter 51 - Provisions Generally Applicable to Liens|Section 51.004. Judicial Foreclosure--Deficiency

Sec. 51.004.  JUDICIAL FORECLOSURE--DEFICIENCY.  (a)  This section applies if:(1)  real property subject to a deed of trust or other contract lien is sold at a foreclosure sale under a court judgment foreclosing the lien and ordering the sale;  and(2)  the price at which the real property is sold is less than the unpaid balance of the indebtedness secured by the real property, resulting in a deficiency.(b)  Any person obligated on the indebtedness, including a guarantor, may bring an action in the district court in the county in which the real property is located for a determination of the fair market value of the real property as of the date of the foreclosure sale.  The suit must be brought not later than the 90th day after the date of the foreclosure sale unless the suit is brought by a guarantor who did not receive actual notice of the sale before the date of sale, in which case the suit must be brought by the guarantor not later than the 90th day after the date the guarantor received actual notice of the sale.  The fair market value shall be determined by the finder of fact after the introduction by the parties of competent evidence of the value.  Competent evidence of value may include:(1)  expert opinion testimony;(2)  comparable sales;(3)  anticipated marketing time and holding costs;(4)  cost of sale;  and(5)  the necessity and amount of any discount to be applied to the future sales price or the cash flow generated by the property to arrive at a fair market value as of the date of the foreclosure sale.(c)  If the finder of fact determines that the fair market value is greater than the sale price of the real property at the foreclosure sale, the persons obligated on the indebtedness, including guarantors, are entitled to an offset against the deficiency in the amount by which the fair market value, less the amount of any claim, indebtedness, or obligation of any kind that is secured by a lien or encumbrance on the real property that was not extinguished by the foreclosure, exceeds the sale price.  If no competent evidence of fair market value is introduced, the sale price at the foreclosure sale shall be used to compute the deficiency.(d)  Any money received by a lender from a private mortgage guaranty insurer shall be credited to the account of the borrower before the lender brings an action at law for any deficiency owed by the borrower.  However, the credit required by this subsection does not apply to the exercise by a private mortgage guaranty insurer of its subrogation rights against a borrower or other person liable for any deficiency.|Added by Acts 1991, 72nd Leg., ch. 361, Sec. 1, eff. June 5, 1991.|
TX Prop § 51.005 (2021)
2021 Texas Statutes|Property Code|Title 5 - Exempt Property and Liens|Subtitle B - Liens|Chapter 51 - Provisions Generally Applicable to Liens|Section 51.005. Judicial or Nonjudicial Foreclosure After Judgment Against Guarantor--Deficiency

Sec. 51.005.  JUDICIAL OR NONJUDICIAL FORECLOSURE AFTER JUDGMENT AGAINST GUARANTOR--DEFICIENCY.  (a)  This section applies if:(1)  the holder of a debt obtains a court judgment against a guarantor of the debt;(2)  real property subject to a deed of trust or other contract lien securing the guaranteed debt is sold at a foreclosure sale under Section 51.002 or under a court judgment foreclosing the lien and ordering the sale;(3)  the price at which the real property is sold is less than the unpaid balance of the indebtedness secured by the real property, resulting in a deficiency;  and(4)  a motion or suit to determine the fair market value of the real property as of the date of the foreclosure sale has not been filed under Section 51.003 or 51.004.(b)  The guarantor may bring an action in the district court in the county in which the real property is located for a determination of the fair market value of the real property as of the date of the foreclosure sale.  The suit must be brought not later than the 90th day after the date of the foreclosure sale or the date the guarantor receives actual notice of the foreclosure sale, whichever is later.  The fair market value shall be determined by the finder of fact after the introduction by the parties of competent evidence of the value.  Competent evidence of value may include:(1)  expert opinion testimony;(2)  comparable sales;(3)  anticipated marketing time and holding costs;(4)  cost of sale;  and(5)  the necessity and amount of any discount to be applied to the future sales price or the cash flow generated by the property to arrive at a fair market value as of the date of the foreclosure sale.(c)  If the finder of fact determines that the fair market value is greater than the sale price of the real property at the foreclosure sale, the persons obligated on the indebtedness, including guarantors, are entitled to an offset against the deficiency in the amount by which the fair market value, less the amount of any claim, indebtedness, or obligation of any kind that is secured by a lien or encumbrance on the real property that was not extinguished by the foreclosure, exceeds the sale price.  If no competent evidence of fair market value is introduced, the sale price at the foreclosure sale shall be used to compute the deficiency.(d)  Any money received by a lender from a private mortgage guaranty insurer shall be credited to the account of the borrower before the lender brings an action at law for any deficiency owed by the borrower.  However, the credit required by this subsection does not apply to the exercise by a private mortgage guaranty insurer of its subrogation rights against a borrower or other person liable for any deficiency.|Added by Acts 1991, 72nd Leg., ch. 361, Sec. 1, eff. June 5, 1991.|
TX Prop § 51.006 (2021)
2021 Texas Statutes|Property Code|Title 5 - Exempt Property and Liens|Subtitle B - Liens|Chapter 51 - Provisions Generally Applicable to Liens|Section 51.006. Deed-of-Trust Foreclosure After Deed in Lieu of Foreclosure

Sec. 51.006.  DEED-OF-TRUST FORECLOSURE AFTER DEED IN LIEU OF FORECLOSURE.  (a)  This section applies to a holder of a debt under a deed of trust who accepts from the debtor a deed conveying real property subject to the deed of trust in satisfaction of the debt.(b)  The holder of a debt may void a deed conveying real property in satisfaction of the debt before the fourth anniversary of the date the deed is executed and foreclosed under the original deed of trust if:(1)  the debtor fails to disclose to the holder of the debt a lien or other encumbrance on the property before executing the deed conveying the property to the holder of the debt in satisfaction of the debt;  and(2)  the holder of the debt has no personal knowledge of the undisclosed lien or encumbrance on the property.(c)  A third party may conclusively rely upon the affidavit of the holder of a debt stating that the holder has voided the deed as provided in this section.(d)  If the holder elects to void a deed in lieu of foreclosure as provided in this section, the priority of its deed of trust shall not be affected or impaired by the execution of the deed in lieu of foreclosure.(e)  If a holder accepts a deed in lieu of foreclosure, the holder may foreclose its deed of trust as provided in said deed of trust without electing to void the deed.  The priority of such deed of trust shall not be affected or impaired by the deed in lieu of foreclosure.|Added by Acts 1995, 74th Leg., ch. 1020, Sec. 1, eff. Aug. 28, 1995.|
TX Prop § 51.007 (2021)
2021 Texas Statutes|Property Code|Title 5 - Exempt Property and Liens|Subtitle B - Liens|Chapter 51 - Provisions Generally Applicable to Liens|Section 51.007. Trustee Under Deed of Trust, Contract Lien or Security Instrument

Sec. 51.007.  TRUSTEE UNDER DEED OF TRUST, CONTRACT LIEN OR SECURITY INSTRUMENT.  (a)  The trustee named in a suit or proceeding may plead in the answer that the trustee is not a necessary party by a verified denial stating the basis for the trustee's reasonable belief that the trustee was named as a party solely in the capacity as a trustee under a deed of trust, contract lien, or security instrument.(b)  Within 30 days after the filing of the trustee's verified denial, a verified response is due from all parties to the suit or proceeding setting forth all matters, whether in law or fact, that rebut the trustee's verified denial.(c)  If a party has no objection or fails to file a timely verified response to the trustee's verified denial, the trustee shall be dismissed from the suit or proceeding without prejudice.(d)  If a respondent files a timely verified response to the trustee's verified denial, the matter shall be set for hearing.  The court shall dismiss the trustee from the suit or proceeding without prejudice if the court determines that the trustee is not a necessary party.(e)  A dismissal of the trustee pursuant to Subsections (c) and (d) shall not prejudice a party's right to seek injunctive relief to prevent the trustee from proceeding with a foreclosure sale.(f)  A trustee shall not be liable for any good faith error resulting from reliance on any information in law or fact provided by the mortgagor or mortgagee or their respective attorney, agent, or representative or other third party.|Added by Acts 1999, 76th Leg., ch. 1304, Sec. 1, eff. Sept. 1, 1999.|
TX Prop § 51.0074 (2021)
2021 Texas Statutes|Property Code|Title 5 - Exempt Property and Liens|Subtitle B - Liens|Chapter 51 - Provisions Generally Applicable to Liens|Section 51.0074. Duties of Trustee

Sec. 51.0074.  DUTIES OF TRUSTEE.  (a)  One or more persons may be authorized to exercise the power of sale under a security instrument.(b)  A trustee may not be:(1)  assigned a duty under a security instrument other than to exercise the power of sale in accordance with the terms of the security instrument; or(2)  held to the obligations of a fiduciary of the mortgagor or mortgagee.|Added by Acts 2007, 80th Leg., R.S., Ch. 903 (H.B. 2738), Sec. 3, eff. June 15, 2007.|
TX Prop § 51.0075 (2021)
2021 Texas Statutes|Property Code|Title 5 - Exempt Property and Liens|Subtitle B - Liens|Chapter 51 - Provisions Generally Applicable to Liens|Section 51.0075. Authority of Trustee or Substitute Trustee

Sec. 51.0075.  AUTHORITY OF TRUSTEE OR SUBSTITUTE TRUSTEE.  (a)  A trustee or substitute trustee may set reasonable conditions for conducting the public sale if the conditions are announced before bidding is opened for the first sale of the day held by the trustee or substitute trustee.(b)  A trustee or substitute trustee is not a debt collector.(c)  Notwithstanding any agreement to the contrary, a mortgagee may appoint or may authorize a mortgage servicer to appoint a substitute trustee or substitute trustees to succeed to all title, powers, and duties of the original trustee.  A mortgagee or mortgage servicer may make an appointment or authorization under this subsection by power of attorney, corporate resolution, or other written instrument. (d)  A mortgage servicer may authorize an attorney to appoint a substitute trustee or substitute trustees on behalf of a mortgagee under Subsection (c).(e)  The name and a street address for a trustee or substitute trustees shall be disclosed on the notice required by Section 51.002(b).(f)  The purchase price in a sale held by a trustee or substitute trustee under this section is due and payable without delay on acceptance of the bid or within such reasonable time as may be agreed upon by the purchaser and the trustee or substitute trustee if the purchaser makes such request for additional time to deliver the purchase price.  The trustee or substitute trustee shall disburse the proceeds of the sale as provided by law.|Added by Acts 2003, 78th Leg., ch. 554, Sec. 1, eff. Jan. 1, 2004.Amended by: Acts 2005, 79th Leg., Ch. 1231 (H.B. 1234), Sec. 1, eff. September 1, 2005.Acts 2007, 80th Leg., R.S., Ch. 903 (H.B. 2738), Sec. 4, eff. June 15, 2007.Acts 2009, 81st Leg., R.S., Ch. 323 (H.B. 655), Sec. 1, eff. September 1, 2009.|