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Texas Laws | Property Code
PROPERTY CODE
TITLE 5. EXEMPT PROPERTY AND LIENS

(1) complies with Sections 51.002 and 51.0075(e); (2852)

(2) is signed by an attorney or agent of the mortgagee or mortgage servicer; and (2853)

(3) contains a statement in all capital letters, boldface type, to read as follows: (2854)

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. (2855)

Added by Acts 2015, 84th Leg., R.S., Ch. 653 (H.B. 2063), Sec. 2, eff. September 1, 2015. (2856)

Sec. 51.008. CERTAIN LIENS ON REAL PROPERTY. (2857)(Text)

(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: (2858)

(1) the lien is imposed as a result of failure to pay: (2859)

(A) ad valorem taxes; or (2860)

(B) a penalty or interest owed in connection with those taxes; or (2861)

(2) the law establishing the lien expressly states that recording the lien is not required. (2862)

(b) Any notice of the lien required by law must contain a legal description of the property. (2863)

(c) This section does not apply to: (2864)

(1) a lien created under Section 89.083, Natural Resources Code; (2865)

(2) a state tax lien under Chapter 113, Tax Code; or (2866)

(3) a lien established under Chapter 61 or 213, Labor Code. (2867)

Added by Acts 2001, 77th Leg., ch. 827, Sec. 1, eff. Sept. 1, 2001. (2868)

Sec. 51.009. FORECLOSED PROPERTY SOLD "AS IS". (2869)(Text)

A purchaser at a sale of real property under Section 51.002: (2870)

(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 (2871)

(2) is not a consumer. (2872)

Added by Acts 2003, 78th Leg., ch. 554, Sec. 1, eff. Jan. 1, 2004. (2873)

Sec. 51.015. SALE OF CERTAIN PROPERTY OWNED BY MEMBER OF THE MILITARY. (2874)(Text)

(a) In this section: (2875)

(1) "Active duty military service" means: (2876)

(A) service as a member of the armed forces of the United States; and (2877)

(B) with respect to a member of the Texas National Guard or the National Guard of another state or a member of a reserve component of the armed forces of the United States, active duty under an order of the president of the United States. (2878)

(1-a) "Assessment" and "assessments" have the meanings assigned by Sections 82.113(a) and 209.002, as applicable. (2879)

(2) "Dwelling" means a residential structure or manufactured home that contains one to four family housing units. (2880)

(3) "Military servicemember" means: (2881)

(A) a member of the armed forces of the United States; (2882)

(B) a member of the Texas National Guard or the National Guard of another state serving on active duty under an order of the president of the United States; or (2883)

(C) a member of a reserve component of the armed forces of the United States who is on active duty under an order of the president of the United States. (2884)

(4) "Person" has the meaning assigned by Section 311.005, Government Code. (2885)

(b) This section applies only to an obligation: (2886)

(1) that is secured by a mortgage, deed of trust, or other contract lien, including a lien securing payment of an assessment or assessments, as applicable, on real property or personal property that is a dwelling owned by a military servicemember; (2887)

(2) that originates before the date on which the servicemember's active duty military service commences; and (2888)

(3) for which the servicemember is still obligated. (2889)

(c) In an action filed during a military servicemember's period of active duty military service or during the nine months after the date on which that service period concludes to foreclose a lien or otherwise enforce an obligation described by Subsection (b), the court may after a hearing and on the court's own motion, and shall on the application by a servicemember whose ability to comply with the obligations of the contract secured by the lien is materially affected by the servicemember's military service: (2890)

(1) stay the proceedings for a period of time as justice and equity require; or (2891)

(2) adjust the obligations of the contract secured by the lien to preserve the interests of all parties. (2892)

(d) A sale, foreclosure, or seizure of property under a mortgage, deed of trust, or other contract lien described by Subsection (b) may not be conducted during the military servicemember's period of active duty military service or during the nine months after the date on which that service period concludes unless the sale, foreclosure, or seizure is conducted under: (2893)

(1) a court order issued before the sale, foreclosure, or seizure; or (2894)

(2) an agreement that complies with Subsection (e). (2895)

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