reglab/statecodes huggingface dataset:
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 Texas Statutes › Property Code › Title 5 - Exempt Property and Liens › Subtitle B - Liens › Chapter 51 - Provisions Generally Applicable to Liens › Section 51.0076. Effective Date of Appointment

Sec. 51.0076.  EFFECTIVE DATE OF APPOINTMENT.  The appointment or authorization of a trustee or substitute trustee made in a notice of sale is effective as of the date of the notice if the notice:
(1)  complies with Sections 51.002 and 51.0075(e);
(2)  is signed by an attorney or agent of the mortgagee or mortgage servicer; and
(3)  contains a statement in all capital letters, boldface type, to read as follows:
THIS INSTRUMENT APPOINTS THE SUBSTITUTE TRUSTEE(S) IDENTIFIED TO SELL THE PROPERTY DESCRIBED IN THE SECURITY INSTRUMENT IDENTIFIED IN THIS NOTICE OF SALE THE PERSON SIGNING THIS NOTICE IS THE ATTORNEY OR AUTHORIZED AGENT OF THE MORTGAGEE OR MORTGAGE SERVICER.
Added by Acts 2015, 84th Leg., R.S., Ch. 653 (H.B. 2063), Sec. 2, eff. September 1, 2015.
2023 Texas Statutes › Property Code › Title 5 - Exempt Property and Liens › Subtitle B - Liens › Chapter 51 - Provisions Generally Applicable to Liens › Section 51.008. Certain Liens on Real Property

Sec. 51.008.  CERTAIN LIENS ON REAL PROPERTY.  (a)  A lien on real property created under this code or another law of this state in favor of a governmental entity must be recorded as provided by Chapters 11 and 12 in the real property records of the county in which the property or a portion of the property is located unless:
(1)  the lien is imposed as a result of failure to pay:
(A)  ad valorem taxes;  or
(B)  a penalty or interest owed in connection with those taxes;  or
(2)  the law establishing the lien expressly states that recording the lien is not required.
(b)  Any notice of the lien required by law must contain a legal description of the property.
(c)  This section does not apply to:
(1)  a lien created under Section 89.083, Natural Resources Code;
(2)  a state tax lien under Chapter 113, Tax Code;  or
(3)  a lien established under Chapter 61 or 213, Labor Code.
Added by Acts 2001, 77th Leg., ch. 827, Sec. 1, eff. Sept. 1, 2001.
2023 Texas Statutes › Property Code › Title 5 - Exempt Property and Liens › Subtitle B - Liens › Chapter 51 - Provisions Generally Applicable to Liens › Section 51.009. Foreclosed Property Sold "As Is"

Sec. 51.009.  FORECLOSED PROPERTY SOLD "AS IS".  A purchaser at a sale of real property under Section 51.002:
(1)  acquires the foreclosed property "as is" without any expressed or implied warranties, except as to warranties of title, and at the purchaser's own risk;  and
(2)  is not a consumer.
Added by Acts 2003, 78th Leg., ch. 554, Sec. 1, eff. Jan. 1, 2004.
2023 Texas Statutes › Property Code › Title 5 - Exempt Property and Liens › Subtitle B - Liens › Chapter 52 - Judgment Lien › Subchapter A. General Provisions › Section 52.001. Establishment of Lien

Sec. 52.001.  ESTABLISHMENT OF LIEN.  Except as provided by Section 52.0011 or 52.0012, a first or subsequent abstract of judgment, when it is recorded and indexed in accordance with this chapter, if the judgment is not then dormant, constitutes a lien on and attaches to any real property of the defendant, other than real property exempt from seizure or forced sale under Chapter 41, the Texas Constitution, or any other law, that is located in the county in which the abstract is recorded and indexed, including real property acquired after such recording and indexing.
Acts 1983, 68th Leg., p. 3526, ch. 576, Sec. 1, eff. Jan. 1, 1984.  Amended by Acts 1989, 71st Leg., ch. 1178, Sec. 2, eff. Sept. 1, 1989;  Acts 1993, 73rd Leg., ch. 48, Sec. 6, eff. Sept. 1, 1993.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 374 (S.B. 512), Sec. 1, eff. September 1, 2007.
2023 Texas Statutes › Property Code › Title 5 - Exempt Property and Liens › Subtitle B - Liens › Chapter 52 - Judgment Lien › Subchapter A. General Provisions › Section 52.0011. Establishment of Lien Pending Appeal of Judgment

Sec. 52.0011.  ESTABLISHMENT OF LIEN PENDING APPEAL OF JUDGMENT.  (a)  A first or subsequent abstract of a judgment rendered by a court against a defendant, when it is recorded and indexed under this chapter, does not constitute a lien on the real property of the defendant if:
(1)  the defendant has posted security as provided by law or is excused by law from posting security;  and
(2)  the court finds that the creation of the lien would not substantially increase the degree to which a judgment creditor's recovery under the judgment would be secured when balanced against the costs to the defendant after the exhaustion of all appellate remedies.  A certified copy of the finding of the court must be recorded in the real property records in each county in which the abstract of judgment or a certified copy of the judgment is filed in the abstract of judgment records.
(b)  The court may withdraw its finding under Subsection (a)(2) at any time the court determines, from evidence presented to it, that the finding should be withdrawn.  The lien exists on withdrawal of the finding and on the filing of a certified copy of the withdrawal of the finding of the court in the real property records in each county in which the abstract of judgment or a certified copy of the judgment is filed in the abstract of judgment records.
Added by Acts 1989, 71st Leg., ch. 1178, Sec. 3, eff. Sept. 1, 1989.
2023 Texas Statutes › Property Code › Title 5 - Exempt Property and Liens › Subtitle B - Liens › Chapter 52 - Judgment Lien › Subchapter A. General Provisions › Section 52.002. Issuance of Abstract

Sec. 52.002.  ISSUANCE OF ABSTRACT.  (a)  On application of a person in whose favor a judgment is rendered or on application of that person's agent, attorney, or assignee, the judge or justice of the peace who rendered the judgment or the clerk of the court in which the judgment is rendered shall prepare, certify, and deliver to the applicant an abstract of the judgment.  The applicant for the abstract must pay the fee authorized by law for providing the abstract.
(b)  The attorney of a person in whose favor a judgment is rendered in a small claims court or a justice court or a person in whose favor a judgment is rendered in a court other than a small claims court or a justice court or that person's agent, attorney, or assignee may prepare the abstract of judgment.  An abstract of judgment prepared under this subsection must be verified by the person preparing the abstract.
Acts 1983, 68th Leg., p. 3527, ch. 576, Sec. 1, eff. Jan. 1, 1984.  Amended by Acts 1987, 70th Leg., ch. 663, Sec. 2, eff. Sept. 1, 1987;  Acts 1999, 76th Leg., ch. 176, Sec. 1, eff. Sept. 1, 1999;  Acts 2001, 77th Leg., ch. 668, Sec. 2, eff. Sept. 1, 2001.
2023 Texas Statutes › Property Code › Title 5 - Exempt Property and Liens › Subtitle B - Liens › Chapter 52 - Judgment Lien › Subchapter A. General Provisions › Section 52.003. Contents of Abstract

Sec. 52.003.  CONTENTS OF ABSTRACT.  (a)  An abstract of a judgment must show:
(1)  the names of the plaintiff and defendant;
(2)  the birthdate of the defendant, if available to the clerk or justice;
(3)  the last three numbers of the driver's license of the defendant, if available;
(4)  the last three numbers of the social security number of the defendant, if available;
(5)  the number of the suit in which the judgment was rendered;
(6)  the defendant's address, or if the address is not shown in the suit, the nature of citation and the date and place of service of citation;
(7)  the date on which the judgment was rendered;
(8)  the amount for which the judgment was rendered and the balance due;
(9)  the amount of the balance due, if any, for child support arrearage; and
(10)  the rate of interest specified in the judgment.
(b)  An abstract of a judgment may show a mailing address for each plaintiff or judgment creditor.
Acts 1983, 68th Leg., p. 3527, ch. 576, Sec. 1, eff. Jan. 1, 1984.  Amended by Acts 1991, 72nd Leg., 1st C.S., ch. 15, Sec. 4.08, eff. Sept. 1, 1991;  Acts 1993, 73rd Leg., ch. 134, Sec. 2, eff. May 12, 1993.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 143 (S.B. 699), Sec. 2, eff. September 1, 2007.
2023 Texas Statutes › Property Code › Title 5 - Exempt Property and Liens › Subtitle B - Liens › Chapter 52 - Judgment Lien › Subchapter A. General Provisions › Section 52.004. Recording and Indexing of Abstract

Sec. 52.004.  RECORDING AND INDEXING OF ABSTRACT.  (a)  The county clerk shall immediately record in the county real property records each properly authenticated abstract of judgment that is presented for recording.  The clerk shall note in the records the date and hour an abstract of judgment is received.
(b)  At the same time an abstract is recorded, the county clerk shall enter the abstract on the alphabetical index to the real property records, showing:
(1)  the name of each plaintiff in the judgment;
(2)  the name of each defendant in the judgment;  and
(3)  the volume and page or instrument number in the records in which the abstract is recorded.
Acts 1983, 68th Leg., p. 3527, ch. 576, Sec. 1, eff. Jan. 1, 1984.  Amended by Acts 2001, 77th Leg., ch. 668, Sec. 2, eff. Sept. 1, 2001.
2023 Texas Statutes › Property Code › Title 5 - Exempt Property and Liens › Subtitle B - Liens › Chapter 52 - Judgment Lien › Subchapter A. General Provisions › Section 52.0041. Address Requirement for Recording Abstract

Sec. 52.0041.  ADDRESS REQUIREMENT FOR RECORDING ABSTRACT.  (a)  A judgment abstracted after September 1, 1993, may not be recorded unless:
(1)  a mailing address for each plaintiff or judgment creditor appears on the abstract of judgment;  or
(2)  a penalty filing fee equal to the greater of $25 or twice the statutory recording fee for the abstract is paid.
(b)  The validity of an abstracted judgment as between the parties is not affected by a failure to include an address for each plaintiff or judgment creditor in the abstracted judgment.
(c)  Payment of a filing fee and acceptance of the abstract of judgment by a county clerk for recording creates a conclusive presumption that the requirements of this section have been met.
Added by Acts 1993, 73rd Leg., ch. 134, Sec. 1, eff. May 12, 1993.
2023 Texas Statutes › Property Code › Title 5 - Exempt Property and Liens › Subtitle B - Liens › Chapter 52 - Judgment Lien › Subchapter A. General Provisions › Section 52.005. Satisfaction of Judgment

Sec. 52.005.  SATISFACTION OF JUDGMENT.  Satisfaction of a judgment in whole or in part may be shown by recordation of:
(1)  a return on an execution issued on the judgment, or a copy of the return, certified by the officer making the return and showing:
(A)  the names of the parties to the judgment;
(B)  the number and style of the suit;
(C)  the court in which the judgment was rendered;
(D)  the date and amount of the judgment;  and
(E)  the dates of issuance and return of the execution;  or
(2)  a receipt, acknowledgement, or release that is signed by the party entitled to receive payment of the judgment or by that person's agent or attorney of record and that is acknowledged or proven for record in the manner required for deeds.
Acts 1983, 68th Leg., p. 3528, ch. 576, Sec. 1, eff. Jan. 1, 1984.  Amended by Acts 2001, 77th Leg., ch. 668, Sec. 2, eff. Sept. 1, 2001.
2023 Texas Statutes › Property Code › Title 5 - Exempt Property and Liens › Subtitle B - Liens › Chapter 52 - Judgment Lien › Subchapter A. General Provisions › Section 52.006. Duration of Lien

Sec. 52.006.  DURATION OF LIEN.  (a)  Except as provided by Subsection (b), a judgment lien continues for 10 years following the date of recording and indexing the abstract, except that if the judgment becomes dormant during that period the lien ceases to exist.
(b)  Notwithstanding Section 34.001, Civil Practice and Remedies Code, a judgment in favor of the state or a state agency, as that term is defined by Section 403.055, Government Code, does not become dormant.  A properly filed abstract of the judgment continues to constitute a lien under Section 52.001 until the earlier of the 20th anniversary of the date the abstract is recorded and indexed or the date the judgment is satisfied or the lien is released.  The judgment lien may be renewed for one additional 20-year period by filing, before the expiration of the initial 20-year period, a renewed abstract of judgment in the same manner as the original abstract of judgment is filed.  The renewed judgment lien relates back to the date the original abstract of judgment was filed.
Acts 1983, 68th Leg., p. 3528, ch. 576, Sec. 1, eff. Jan. 1, 1984.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 11 (S.B. 300), Sec. 1, eff. April 23, 2007.
2023 Texas Statutes › Property Code › Title 5 - Exempt Property and Liens › Subtitle B - Liens › Chapter 52 - Judgment Lien › Subchapter A. General Provisions › Section 52.007. Federal Court Judgment

Sec. 52.007.  FEDERAL COURT JUDGMENT.  An abstract of a judgment rendered in this state by a federal court may be recorded and indexed under this chapter on the certificate of the clerk of the court.
Acts 1983, 68th Leg., p. 3528, ch. 576, Sec. 1, eff. Jan. 1, 1984.
2023 Texas Statutes › Property Code › Title 5 - Exempt Property and Liens › Subtitle B - Liens › Chapter 52 - Judgment Lien › Subchapter B. Cancellation of Judgments and Judgment Liens Against Bankrupts--Abstract Recorded Before September 1, 1993 › Section 52.021. Discharge and Cancellation

Sec. 52.021.  DISCHARGE AND CANCELLATION.  (a)  In accordance with this subchapter, a judgment and judgment lien may be discharged and canceled if the person against whom the judgment was rendered is discharged from his debts under federal bankruptcy law.
(b)  This subchapter applies to judgments against persons whose debts are discharged in bankruptcy and for which the abstracts of judgment are recorded before September 1, 1993, as provided by Subchapter A, regardless of the fact that the discharge in bankruptcy occurred before this law took effect.
Acts 1983, 68th Leg., p. 3529, ch. 576, Sec. 1, eff. Jan. 1, 1984.  Amended by Acts 1993, 73rd Leg., ch. 313, Sec. 2, eff. Sept. 1, 1993.
2023 Texas Statutes › Property Code › Title 5 - Exempt Property and Liens › Subtitle B - Liens › Chapter 52 - Judgment Lien › Subchapter B. Cancellation of Judgments and Judgment Liens Against Bankrupts--Abstract Recorded Before September 1, 1993 › Section 52.022. Application for Court Order

Sec. 52.022.  APPLICATION FOR COURT ORDER.  (a)  The person who has been discharged from his debts, that person's receiver or trustee, or any other interested person may apply, on proof of the discharge, to the court in which the judgment was rendered for an order discharging and canceling the judgment and judgment lien.
(b)  A person may not apply for the order before a year has elapsed since the bankruptcy discharge.
Acts 1983, 68th Leg., p. 3529, ch. 576, Sec. 1, eff. Jan. 1, 1984.
2023 Texas Statutes › Property Code › Title 5 - Exempt Property and Liens › Subtitle B - Liens › Chapter 52 - Judgment Lien › Subchapter B. Cancellation of Judgments and Judgment Liens Against Bankrupts--Abstract Recorded Before September 1, 1993 › Section 52.023. Notice of Application

Sec. 52.023.  NOTICE OF APPLICATION.  (a)  Notice of the application for the order and copies of the papers on which application is made must be served on the judgment creditor or his attorney of record in the action in which the judgment was rendered.
(b)  If the residence or place of business of the judgment creditor or his attorney is known, notice must be served in the manner prescribed for service of notice in an action.
(c)  As an alternative to service under Subsection (b), the court may order that notice of the application be published in a newspaper designated in the order once a week for not more than three consecutive weeks if the applicant proves by affidavit that:
(1)  the address of neither the judgment creditor nor his attorney is known and the address of neither can be ascertained by due diligence;  or
(2)  the judgment creditor is not a resident of this state and his attorney is dead, removed from the state, or unknown.
Acts 1983, 68th Leg., p. 3529, ch. 576, Sec. 1, eff. Jan. 1, 1984.
2023 Texas Statutes › Property Code › Title 5 - Exempt Property and Liens › Subtitle B - Liens › Chapter 52 - Judgment Lien › Subchapter B. Cancellation of Judgments and Judgment Liens Against Bankrupts--Abstract Recorded Before September 1, 1993 › Section 52.024. Court Order

Sec. 52.024.  COURT ORDER.  (a)  The court shall conduct a hearing on the application and shall enter an order of discharge and cancellation of the judgment and any abstracts of the judgment if the debtor or bankrupt has been discharged in bankruptcy from the payment of the obligation or debt represented by the judgment.
(b)  In each county in which the court's order is recorded in the judgment lien records, the order constitutes a release, discharge, and cancellation of the judgment and of any unsatisfied judgment lien represented by an abstract that is of record in the county on the date of the order or is recorded in the county on or after the date of the order.
Acts 1983, 68th Leg., p. 3530, ch. 576, Sec. 1, eff. Jan. 1, 1984.
2023 Texas Statutes › Property Code › Title 5 - Exempt Property and Liens › Subtitle B - Liens › Chapter 52 - Judgment Lien › Subchapter B. Cancellation of Judgments and Judgment Liens Against Bankrupts--Abstract Recorded Before September 1, 1993 › Section 52.025. Effect on Lien of Discharge of Debt in Bankruptcy

Sec. 52.025.  EFFECT ON LIEN OF DISCHARGE OF DEBT IN BANKRUPTCY.  (a)  A judgment lien is not affected by the order of discharge and cancellation and may be enforced, if the lien is against real property owned by the bankrupt or debtor before the debtor was adjudged bankrupt or a petition for debtor relief was filed under federal bankruptcy law, and:
(1)  the debt or obligation evidenced by the judgment is not discharged in bankruptcy;  or
(2)  the property is nonexempt and is abandoned during the course of the proceeding.
(b)  Except as provided by Subsection (a), the judgment is of no force or validity and may not be a lien on real property acquired by the bankrupt or debtor after the discharge in bankruptcy.
Acts 1983, 68th Leg., p. 3530, ch. 576, Sec. 1, eff. Jan. 1, 1984.
2023 Texas Statutes › Property Code › Title 5 - Exempt Property and Liens › Subtitle B - Liens › Chapter 52 - Judgment Lien › Subchapter C. Cancellation of Judgments and Judgment Liens Against Debtors--Abstract Recorded on or After September 1, 1993 › Section 52.041. Application of Subchapter

Sec. 52.041.  APPLICATION OF SUBCHAPTER.  This subchapter applies to a judgment and judgment lien for which an abstract of judgment or judgment lien is recorded on or after September 1, 1993.
Added by Acts 1993, 73rd Leg., ch. 313, Sec. 3, eff. Sept. 1, 1993.
2023 Texas Statutes › Property Code › Title 5 - Exempt Property and Liens › Subtitle B - Liens › Chapter 52 - Judgment Lien › Subchapter C. Cancellation of Judgments and Judgment Liens Against Debtors--Abstract Recorded on or After September 1, 1993 › Section 52.042. Discharge and Cancellation

Sec. 52.042.  DISCHARGE AND CANCELLATION.  (a)  A judgment is discharged and any abstract of judgment or judgment lien is canceled and released without further action in any court and may not be enforced if:
(1)  the lien is against real property owned by the debtor before a petition for debtor relief was filed under federal bankruptcy law;  and
(2)  the debt or obligation evidenced by the judgment is discharged in the bankruptcy.
(b)  A judgment evidencing a debt or obligation discharged in bankruptcy does not have force or validity and may not be a lien on real property acquired by the debtor after the petition for debtor relief was filed.
Added by Acts 1993, 73rd Leg., ch. 313, Sec. 3, eff. Sept. 1, 1993.
2023 Texas Statutes › Property Code › Title 5 - Exempt Property and Liens › Subtitle B - Liens › Chapter 52 - Judgment Lien › Subchapter C. Cancellation of Judgments and Judgment Liens Against Debtors--Abstract Recorded on or After September 1, 1993 › Section 52.043. Exceptions to Discharge and Cancellation

Sec. 52.043.  EXCEPTIONS TO DISCHARGE AND CANCELLATION.  A judgment lien is not affected by this subchapter and may be enforced if the lien is against real property owned by the debtor before a petition for debtor relief was filed under federal bankruptcy law and:
(1)  the debt or obligation evidenced by the judgment is not discharged in bankruptcy;  or
(2)  the property is not exempted in the bankruptcy and is abandoned during the bankruptcy.
Added by Acts 1993, 73rd Leg., ch. 313, Sec. 3, eff. Sept. 1, 1993.
2023 Texas Statutes › Property Code › Title 5 - Exempt Property and Liens › Subtitle B - Liens › Chapter 53 - Mechanic's, Contractor's, or Materialman's Lien › Subchapter A. General Provisions › Section 53.002. More Than One Original Contractor

Sec. 53.002.  MORE THAN ONE ORIGINAL CONTRACTOR.  On any work there may be more than one original contractor for purposes of this chapter.
Acts 1983, 68th Leg., p. 3535, ch. 576, Sec. 1, eff. Jan. 1, 1984.
2023 Texas Statutes › Property Code › Title 5 - Exempt Property and Liens › Subtitle B - Liens › Chapter 53 - Mechanic's, Contractor's, or Materialman's Lien › Subchapter A. General Provisions › Section 53.003. Notices

Sec. 53.003.  NOTICES.  (a)  Repealed by Acts 2021, 87th Leg., R.S., Ch. 690 (H.B. 2237), Sec. 36(1), eff. January 1, 2022.
(b)  Except as provided by Subsection (c) or (d), any notice or other written communication required by this chapter must be delivered:
(1)  in person to the party entitled to the notice or to that party's agent;
(2)  by certified mail; or
(3)  by any other form of traceable, private delivery or mailing service that can confirm proof of receipt.
(c)  If notice is sent by certified mail, deposit or mailing of the notice in the United States mail in the form required constitutes compliance with the notice requirement.  This subsection does not apply if the law requires receipt of the notice by the person to whom it is directed.
(d)  If a written notice is received by the person entitled to receive it, the method by which the notice was delivered is immaterial.
(e)  In computing the period of days in which to provide a notice or to take any action required under this chapter, if the last day of the period is a Saturday, Sunday, or legal holiday, the period is extended to include the next day that is not a Saturday, Sunday, or legal holiday.
Acts 1983, 68th Leg., p. 3535, ch. 576, Sec. 1, eff. Jan. 1, 1984.  Amended by Acts 1997, 75th Leg., ch. 526, Sec. 3, eff. Sept. 1, 1997.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 690 (H.B. 2237), Sec. 3, eff. January 1, 2022.
Acts 2021, 87th Leg., R.S., Ch. 690 (H.B. 2237), Sec. 36(1), eff. January 1, 2022.
2023 Texas Statutes › Property Code › Title 5 - Exempt Property and Liens › Subtitle B - Liens › Chapter 53 - Mechanic's, Contractor's, or Materialman's Lien › Subchapter B. Persons Entitled to Lien; Subject Property › Section 53.021. Persons Entitled to Lien

Sec. 53.021.  PERSONS ENTITLED TO LIEN.   A person has a lien if  the person, under a contract with the owner or the owner's agent, trustee, receiver, contractor, or subcontractor:
(1)  labors or furnishes labor or materials for construction or repair of an improvement;
(2)  specially fabricates material, even if the material is not delivered;
(3)  is a licensed architect, engineer, or surveyor providing services to prepare a design, drawing, plan, plat, survey, or specification;
(4)  provides labor, plant material, or other supplies for the installation of landscaping for an improvement, including the construction of a retention pond, retaining wall, berm, irrigation system, fountain, or other similar installation; or
(5)  performs labor as part of, or furnishes labor or materials for, the demolition of an improvement on real property.
Acts 1983, 68th Leg., p. 3535, ch. 576, Sec. 1, eff. Jan. 1, 1984.  Amended by Acts 1989, 71st Leg., ch. 395, Sec. 1, eff. Sept. 1, 1989;  Acts 1989, 71st Leg., ch. 1138, Sec. 1, eff. Sept. 1, 1989;  Acts 1991, 72nd Leg., ch. 16, Sec. 16.01, eff. Aug. 26, 1991;  Acts 1995, 74th Leg., ch. 851, Sec. 1, 6, eff. Sept. 1, 1995;  Acts 1999, 76th Leg., ch. 896, Sec. 1, eff. Sept. 1, 1999;  Acts 2003, 78th Leg., ch. 410, Sec. 1, eff. Sept. 1, 2003.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 271 (H.B. 1456), Sec. 1, eff. January 1, 2012.
Acts 2021, 87th Leg., R.S., Ch. 690 (H.B. 2237), Sec. 4, eff. January 1, 2022.
2023 Texas Statutes › Property Code › Title 5 - Exempt Property and Liens › Subtitle B - Liens › Chapter 53 - Mechanic's, Contractor's, or Materialman's Lien › Subchapter B. Persons Entitled to Lien; Subject Property › Section 53.022. Property to Which Lien Extends

Sec. 53.022.  PROPERTY TO WHICH LIEN EXTENDS.  (a)  The lien extends to the improvements and to each lot of land necessarily connected.
(b)  The lien does not extend to abutting sidewalks, streets, and utilities that are public property.
(c)  A lien against land in a city, town, or village extends to each lot on which the improvement is situated or on which the labor was performed.
(d)  A lien against land not in a city, town, or village extends to not more than 50 acres on which the improvement is situated or on which the labor was performed.
Acts 1983, 68th Leg., p. 3536, ch. 576, Sec. 1, eff. Jan. 1, 1984.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 690 (H.B. 2237), Sec. 5, eff. January 1, 2022.
2023 Texas Statutes › Property Code › Title 5 - Exempt Property and Liens › Subtitle B - Liens › Chapter 53 - Mechanic's, Contractor's, or Materialman's Lien › Subchapter B. Persons Entitled to Lien; Subject Property › Section 53.023. Payment Secured by Lien

Sec. 53.023.  PAYMENT SECURED BY LIEN.  The lien secures payment for:
(1)  the labor done or material furnished for the construction, repair, design, survey, or demolition; or
(2)  the specially fabricated material, even if the material has not been delivered or incorporated into the construction or repair, less its fair salvage value.
Acts 1983, 68th Leg., p. 3536, ch. 576, Sec. 1, eff. Jan. 1, 1984.  Amended by Acts 1995, 74th Leg., ch. 851, Sec. 2, eff. Sept. 1, 1995.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 690 (H.B. 2237), Sec. 6, eff. January 1, 2022.
2023 Texas Statutes › Property Code › Title 5 - Exempt Property and Liens › Subtitle B - Liens › Chapter 53 - Mechanic's, Contractor's, or Materialman's Lien › Subchapter B. Persons Entitled to Lien; Subject Property › Section 53.024. Limitation on Subcontractor's Lien

Sec. 53.024.  LIMITATION ON SUBCONTRACTOR'S LIEN.  The amount of a lien claimed by a subcontractor may not exceed:
(1)  an amount equal to the proportion of the total subcontract price that the sum of the labor performed, materials furnished, materials specially fabricated, reasonable overhead costs incurred, and proportionate profit margin bears to the total subcontract price;  minus
(2)  the sum of previous payments received by the claimant on the subcontract.
Acts 1983, 68th Leg., p. 3536, ch. 576, Sec. 1, eff. Jan. 1, 1984.
2023 Texas Statutes › Property Code › Title 5 - Exempt Property and Liens › Subtitle B - Liens › Chapter 53 - Mechanic's, Contractor's, or Materialman's Lien › Subchapter B. Persons Entitled to Lien; Subject Property › Section 53.025. Limitation on Ordinary Retainage Lien

Sec. 53.025.  LIMITATION ON ORDINARY RETAINAGE LIEN.  A lien for retainage is valid only for the amount specified to be retained in the contract, including any amendments to the contract, between the claimant and the original contractor or between the claimant and a subcontractor.
Acts 1983, 68th Leg., p. 3537, ch. 576, Sec. 1, eff. Jan. 1, 1984.  Amended by Acts 1989, 71st Leg., ch. 1138, Sec. 2, eff. Sept. 1, 1989.
2023 Texas Statutes › Property Code › Title 5 - Exempt Property and Liens › Subtitle B - Liens › Chapter 53 - Mechanic's, Contractor's, or Materialman's Lien › Subchapter B. Persons Entitled to Lien; Subject Property › Section 53.026. Sham Contract

Sec. 53.026.  SHAM CONTRACT.
(a)  A person who labors or furnishes labor or materials under a direct contractual relationship with a purported original contractor is considered to be an original contractor for purposes of perfecting a mechanic's lien.
(b)  Repealed by Acts 2021, 87th Leg., R.S., Ch. 690 (H.B. 2237), Sec. 36(2), eff. January 1, 2022.
Acts 1983, 68th Leg., p. 3537, ch. 576, Sec. 1, eff. Jan. 1, 1984.  Amended by Acts 1989, 71st Leg., ch. 1138, Sec. 3, eff. Sept. 1, 1989;  Acts 1997, 75th Leg., ch. 526, Sec. 4, eff. Sept. 1, 1997.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 690 (H.B. 2237), Sec. 7, eff. January 1, 2022.
Acts 2021, 87th Leg., R.S., Ch. 690 (H.B. 2237), Sec. 36(2), eff. January 1, 2022.
2023 Texas Statutes › Property Code › Title 5 - Exempt Property and Liens › Subtitle B - Liens › Chapter 53 - Mechanic's, Contractor's, or Materialman's Lien › Subchapter C. Procedure for Perfecting Lien › Section 53.051. Necessary Procedures

Sec. 53.051.  NECESSARY PROCEDURES.  To perfect the lien, a person must comply with this subchapter.
Acts 1983, 68th Leg., p. 3538, ch. 576, Sec. 1, eff. Jan. 1, 1984.
2023 Texas Statutes › Property Code › Title 5 - Exempt Property and Liens › Subtitle B - Liens › Chapter 53 - Mechanic's, Contractor's, or Materialman's Lien › Subchapter C. Procedure for Perfecting Lien › Section 53.052. Filing of Affidavit

Sec. 53.052.  FILING OF AFFIDAVIT.  (a)  An original contractor claiming the lien must file an affidavit with the county clerk:
(1)  for projects other than residential construction projects, not later than the 15th day of the fourth month after the month in which the original contractor's work was completed, terminated, or abandoned; or
(2)  for residential construction projects, not later than the 15th day of the third month after the month in which the original contractor's work was completed, terminated, or abandoned.
(b)  Except as provided by Subsection (c) or (d), a claimant other than an original contractor claiming the lien must file an affidavit with the county clerk not later than the 15th day of the fourth month after the later of:
(1)  the month the claimant last provided labor or materials; or
(2)  the month the claimant would normally have been required to deliver the last of specially fabricated materials that have not been actually delivered.
(c)  A claimant other than an original contractor claiming a lien arising from a residential construction project must file an affidavit with the county clerk not later than the 15th day of the third month after the later of:
(1)  the month the claimant last provided labor or materials; or
(2)  the month the claimant would normally have been required to deliver the last of specially fabricated materials that have not been actually delivered.
(d)  A claimant other than an original contractor claiming a lien for retainage must file an affidavit with the county clerk not later than the 15th day of the third month after the month in which the original contract under which the claimant performed was completed, terminated, or abandoned.
(e)  An affidavit under this chapter must be filed in the county where the improvements are located.  The county clerk shall record the affidavit in records kept for that purpose and shall index and cross-index the affidavit in the names of the claimant, the original contractor, and the owner.  Failure of the county clerk to properly record or index a filed affidavit does not invalidate the lien.
Acts 1983, 68th Leg., p. 3538, ch. 576, Sec. 1, eff. Jan. 1, 1984.  Amended by Acts 1989, 71st Leg., ch. 1138, Sec. 4, eff. Sept. 1, 1989;  Acts 1997, 75th Leg., ch. 526, Sec. 5, eff. Sept. 1, 1997.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 690 (H.B. 2237), Sec. 8, eff. January 1, 2022.
2023 Texas Statutes › Property Code › Title 5 - Exempt Property and Liens › Subtitle B - Liens › Chapter 53 - Mechanic's, Contractor's, or Materialman's Lien › Subchapter C. Procedure for Perfecting Lien › Section 53.054. Contents of Affidavit

Sec. 53.054.  CONTENTS OF AFFIDAVIT.  (a)  The affidavit must be signed by the person claiming the lien or by another person on the claimant's behalf and must contain substantially:
(1)  a sworn statement of the amount of the claim;
(2)  the name and last known address of the owner or reputed owner;
(3)  a general statement of the kind of work done and materials furnished by the claimant and, for a claimant other than an original contractor, a statement of each month in which the work was done and materials furnished for which payment is requested;
(4)  the name and last known address of the person by whom the claimant was employed or to whom the claimant furnished the materials or labor;
(5)  the name and last known address of the original contractor;
(6)  a description, legally sufficient for identification, of the property sought to be charged with the lien;
(7)  the claimant's name, mailing address, and, if different, physical address;  and
(8)  for a claimant other than an original contractor, a statement identifying the date each notice of the claim was sent to the owner and the method by which the notice was sent.
(b)  The claimant may attach to the affidavit a copy of any applicable written agreement or contract and a copy of each notice sent to the owner.
(c)  The affidavit is not required to set forth individual items of work done or material furnished or specially fabricated.  The affidavit may use any abbreviations or symbols customary in the trade.
Acts 1983, 68th Leg., p. 3540, ch. 576, Sec. 1, eff. Jan. 1, 1984.  Amended by Acts 1989, 71st Leg., ch. 1138, Sec. 6, eff. Sept. 1, 1989;  Acts 1997, 75th Leg., ch. 526, Sec. 6, eff. Sept. 1, 1997.