Bill Text: TX HB4086 | 2017-2018 | 85th Legislature | Comm Sub
Bill Title: Relating to expunction of a notice of lis pendens.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2017-05-05 - Laid on the table subject to call [HB4086 Detail]
Download: Texas-2017-HB4086-Comm_Sub.html
85R22396 AJA-F | |||
By: Wray | H.B. No. 4086 | ||
Substitute the following for H.B. No. 4086: | |||
By: Shine | C.S.H.B. No. 4086 |
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relating to expunction of a notice of lis pendens. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 12.0071(f), Property Code, is amended to | ||
read as follows: | ||
(f) After a certified copy of an order expunging a notice of | ||
lis pendens has been recorded: | ||
(1) [ |
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derived or that could be derived from the notice: | ||
(A) [ |
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(i) [ |
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actual notice of any matter contained in the notice or of any matter | ||
relating to the action in connection with which the notice was filed | ||
[ |
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(ii) [ |
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person with respect to the property described in the notice; or | ||
(iii) [ |
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conveyance to a purchaser for value or of a mortgage to a lender for | ||
value; and | ||
(B) [ |
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or lender described by Paragraph (A)(iii) [ |
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regardless of whether the purchaser or lender knew of the lis | ||
pendens action; and | ||
(2) an interest in the real property may be sold or | ||
encumbered free of all matters asserted or disclosed in the notice | ||
and all claims or other matters asserted or disclosed in the action | ||
in connection with which the notice was filed. | ||
SECTION 2. The change in law made by this Act applies only | ||
to a certified copy of an order expunging a notice of lis pendens | ||
recorded on or after the effective date of this Act. A certified | ||
copy of an order expunging a notice of lis pendens recorded before | ||
the effective date of this Act is governed by the law in effect at | ||
that time, and that law is continued in effect for that purpose. | ||
SECTION 3. This Act takes effect September 1, 2017. |