Added by Acts 1995, 74th Leg., ch. 981, Sec. 1, eff. Aug. 28, 1995. Amended by Acts 2001, 77th Leg., ch. 891, Sec. 1, eff. Sept. 1, 2001. (2477)
If the address or identity of the defendant is unknown, the demand of the petitioner for reimbursement from the defendant required by Section 29.003(2) may be met by publication in a newspaper in the county in which the property is located once each week for four consecutive weeks, with the final publication occurring not later than the 30th day before the date on which the petition is filed. The publication must contain the demand for reimbursement and: (2479)
(1) a general description of the property involved; (2480)
(2) the legal description of the property according to the survey of the property, including the number of the lot and block or any other plat description that may be of record if the property is located in a municipality; (2481)
(3) the county in which the property is located; (2482)
(4) the interest of the defendant; and (2483)
(5) the name and address of the petitioner. (2484)
Added by Acts 2001, 77th Leg., ch. 891, Sec. 2, eff. Sept. 1, 2001. (2485)
On completion of the hearing on a petition filed under Section 29.002, if the court is satisfied that the petitioner has made the requisite proof under Section 29.003, the court shall enter an order that divests the defendant's interest in the real property that is the subject of the petition and that orders the petitioner to pay to the defendant an amount computed by subtracting the outstanding amount of money the defendant owes to the petitioner for payment of the defendant's share of ad valorem taxes imposed on the property from the fair market value of the defendant's interest in the property as determined by an independent appraiser appointed by the court. The court's order may also direct the defendant to execute and deliver to the petitioner a deed that conveys to the petitioner the defendant's interest in the property. (2487)
Added by Acts 1995, 74th Leg., ch. 981, Sec. 1, eff. Aug. 28, 1995. (2488)
In this chapter: (2491)
(1) "Aircraft" means a self-propelled motor vehicle that can be used to transport a person by flight in the air. (2492)
(2) "Repossession" means the recovery of an aircraft that has been sold under a security agreement containing a repossession clause authorizing the lender to recover the aircraft if the borrower defaults under the agreement. (2493)
(3) "Repossession agent" means an individual who is authorized to engage in a repossession for a lender. (2494)
Added by Acts 2015, 84th Leg., R.S., Ch. 1125 (H.B. 3901), Sec. 1, eff. September 1, 2015. (2495)
(a) A writ of assistance for the repossession of an aircraft authorizes a peace officer to assist and protect a repossession agent in gaining possession of the aircraft while the agent: (2497)
(1) secures the aircraft on site; or (2498)
(2) prepares the aircraft, which may include a mechanical inspection, for removal from the site by flight or otherwise to another location. (2499)
(b) A writ of assistance for the repossession of an aircraft is valid for 30 days. (2500)
(c) A justice court may grant unlimited extensions of a writ of assistance issued under this chapter. (2501)
Added by Acts 2015, 84th Leg., R.S., Ch. 1125 (H.B. 3901), Sec. 1, eff. September 1, 2015. (2502)
(a) A repossession agent may file a petition in a justice court for a writ of assistance for the repossession of an aircraft. (2504)
(b) The repossession agent is entitled to the writ if the repossession agent establishes that: (2505)
(1) the aircraft is subject to the proposed repossession; and (2506)
(2) the repossession agent is authorized to engage in the repossession. (2507)
(c) The petition for the writ must include a copy of: (2508)
(1) the security agreement relating to the aircraft; (2509)
(2) the notice of default under the security agreement sent by the lender to the borrower; (2510)
(3) the instrument in which a power of attorney for the repossession is granted to the repossession agent by the lender; and (2511)
(4) the results of a title search of the Federal Aviation Administration's records for the aircraft. (2512)
Added by Acts 2015, 84th Leg., R.S., Ch. 1125 (H.B. 3901), Sec. 1, eff. September 1, 2015. (2513)
Sec. 41.001. INTERESTS IN LAND EXEMPT FROM SEIZURE. (2518)(Text)
(a) A homestead and one or more lots used for a place of burial of the dead are exempt from seizure for the claims of creditors except for encumbrances properly fixed on homestead property. (2519)
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