SB 1320 RESIDENTIAL REAL ESTATE TRANSACTIONS AND DEEDS Effective: Statutes Affected: BC Chapter 21 PP

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1 PROPERTY

2 SB 1320 RESIDENTIAL REAL ESTATE TRANSACTIONS AND DEEDS Effective: Statutes Affected: BC Chapter 21 PP Deed in lieu of foreclosure Applies to 1 4 family dwellings Seller may not take deed before or at time of sale or loan Deed is voidable 4 year statute of limitations

3 SB 1320 Con td JURISDICTION No jurisdiction in forcible entry and detainer or forcible detainer suit based on deed in lieu of foreclosure Court must dismiss if tenant files sworn statement alleging that suit is based on deed in lieu of foreclosure

4 HB 1111 TENANT S FAILURE TO PAY RENT Effective: Statutes Affected: PP Applies to eviction filed on or after JUSTICE COURT HAS JURISDICTION TO ISSUE WRIT OF POSSESSION IF TENANT HAS NOT TIMELY PAID RENT INTO REGISTRY OF COURT WITHIN 5 DAYS OF FILING A PAUPER S AFFIDAVIT

5 HB 1111 TENANT S FAILURE TO PAY RENT Effective: Statutes Affected: PP PP Applies to eviction filed on or after Court must give written notice to tenant at time pauper s affidavit is filed: Amount tenant must pay into registry Form of payment required Calendar date by which deposit made Time court closes Failure to pay may result in issuance of writ of possession

6 HB 1111 TENANT S FAILURE TO PAY RENT Effective: Statutes Affected: PP Applies to eviction filed on or after Writ may not issue before 6 th day after filing pauper s affidavit Writ served in same manner as post judgment writ of possession Landlord pays costs of issuance and service Appeal continues despite issuance of writ

7 HB 1127 CITATION IN EVICTION CASE Effective: Statutes Affected: PP SPECIFIC NOTICE TO PERSONS IN MILITARY IN ENGLISH AND SPANISH: THIS SUIT TO EVICT INVOLVES IMMEDIATE DEADLINES. A TENANT WHO IS SERVING ON ACTIVE MILITARY DUTY MAY HAVE SPECIAL RIGHTS OR RELIEF RELATED TO THIS SUIT UNDER FEDERAL LAW, INCLUDING THE SERVICE MEMBERS CIVIL RELIEF ACT (50 U.S.C. APP. SECTION 501 ET SEQ.), OR STATE LAW, INCLUDING SECTION , TEXAS PROPERTY CODE.

8 HB 0079 APPEAL Effective: Statutes Affected: PP APPLIES TO JUDGMENT RENDERED ON OR AFTER ALLOWS APPEAL FROM FINAL JUDGMENT OF COUNTY CIVIL COURT IN EVICTIONS TO STAY APPEAL, SUPERSEDEAS BOND REQUIRED WITHIN 10 DAYS OF JUDGMENT

9 HB 1168 APPEAL Effective: Statutes Affected: SMOKE ALARMS Substitutes smoke alarm for smoke detector Includes requirements for fire extinguishers in dwelling units Imposes duties on landlord for repairs and replacement

10 HB 1168 APPEAL Effective: Statutes Affected: PP Applies to lease entered into on or after REVOCATION OF CERTIFICATE OF OCCUPANCY Landlord liable to tenant who is not in default: full amount of security deposit pro rata portion of rent paid in advance actual damages i.e. moving, utility connect court costs and attorney s fees

11 SB 0889 ASSIGNMENT OF RENT Effective: Statutes Affected: PP Notice of assignment must be given to tenant After notice, tenant obligated to pay assignee all rents Tenant not discharged from obligation to pay rent to assignee if tenant pays landlord (unless premises is primary residence)

12 HB 0257 ESCHEAT Effective: Statutes Affected: PP PP PROPERTY REPORT Requires holder who holds property on 3 1 to file report on or before following 7 1 Requires holder who holds property on 3 1 to deliver property to comptroller by 7 1, together with report

13 SB 1368 ENCUMBRANCE OF REAL PROPERTY Effective: Statutes Affected: PP et seq Co owner may act as agent with limited authority to contract and execute deed of trust Co owner has resided and maintained property for at least 5 years Purpose of encumbrance is to preserve or improve residential property File affidavit with county clerk, and 2 supporting affidavits Lien may not be disaffirmed by others

14 SB 1496 CORRECTION INSTRUMENTS Effective: Statutes Affected: PP Correction instrument may make nonmaterial change resulting from clerical error Must be sent to each party to original instrument or heirs For material change, all parties to original instrument must execute

15 HB 2761 RECORDS OF PROPERTY OWNERS ASSOCIATIONS Effective: Statutes Affected: PP DENIAL OF ACCESS TO RECORDS Give notice to POA of intent to file suit File petition with Justice Court in precinct in which property located Remedies: Judgment ordering release of records Judgment against POA for costs, atty fees Judgment to deduct award from assessment

16 SB 0101 FORECLOSURE ON MILITARY Effective: Statutes Affected: PP Notice of sale/deed of trust, or notice of default/mortgage must state: Name and address of sender Warning: Assert and protect your rights as a member of the armed forces of the United States. If you are or your spouse is serving on active military duty, including active military duty as a member of the Texas National Guard or the National Guard of another state or as a member of a reserve component of the armed forces of the United States, please send written notice of the active duty military service to the sender of this notice immediately.

17 HB 1456 SB 0690 LIENS Effective: Statutes Affected: PP Provisions standardize waiver and release forms Self storage facilities Allows notice to be given: in person by e mail by verified mail

18 SB 1810 EXEMPT PROPERTY Effective: Statutes Affected: PP Includes inherited IRA or IRA annuity among employment related plans and accounts that are exempt from attachment, execution, and seizure

19 SB 1187 INDEX NOTICE OF LIS PENDENS Effective: Statutes Affected: PP Lis pendens filed on or after will not be effective until filed for record AND INDEXED County clerk required to record notice and index record in a direct and reverse index under the name of each party to the proceeding Lis pendens a legal notice that property is the subject of a lawsuit

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