Bill Text: TX HB45 | 2011-2012 | 82nd Legislature | Introduced
Bill Title: Relating to the release of a property owners' association assessment lien.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2011-02-28 - Left pending in committee [HB45 Detail]
Download: Texas-2011-HB45-Introduced.html
82R70 AJA-D | ||
By: Menendez | H.B. No. 45 |
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relating to the release of a property owners' association | ||
assessment lien. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Chapter 12, Property Code, is amended by adding | ||
Section 12.0171 to read as follows: | ||
Sec. 12.0171. AFFIDAVIT AS RELEASE OF ASSESSMENT LIEN. (a) | ||
A property owner whose property is subject to a recorded notice of a | ||
property owners' assessment lien may, at any time, file an | ||
affidavit that substantially complies with Subsection (e) in the | ||
real property records of the county in which the lien notice is | ||
recorded. | ||
(b) Subject to Subsection (c) and except as provided by | ||
Subsection (d), an affidavit filed under Subsection (a) serves as a | ||
release of record of the property owners' association assessment | ||
lien referenced in the affidavit. | ||
(c) A bona fide purchaser or a mortgagee for value or a | ||
successor or assign of a bona fide purchaser or mortgagee for value | ||
may rely conclusively on an affidavit filed under Subsection (a) if | ||
included with the affidavit is evidence that: | ||
(1) the property owner sent a letter and a copy of the | ||
affidavit, without attachments and before execution of the | ||
affidavit, notifying the property owners' association of the | ||
owner's intent to file the affidavit; and | ||
(2) 30 or more days before the affidavit was filed, the | ||
letter and the affidavit were sent to the property owners' | ||
association by registered or certified mail, return receipt | ||
requested, to the address provided in the management certificate | ||
recorded under Section 209.004. | ||
(d) An affidavit filed under Subsection (a) does not serve | ||
as a release of record of a property owners' association assessment | ||
lien if the association files a contradicting affidavit in the real | ||
property records of the county in which the affidavit is filed | ||
asserting that: | ||
(1) the affidavit filed by the owner is untrue; or | ||
(2) another reason exists as to why the assessment | ||
lien attaches to the owner's property. | ||
(e) An affidavit filed under Subsection (a) must be in | ||
substantially the following form: | ||
PROPERTY OWNER'S AFFIDAVIT AS RELEASE OF PROPERTY OWNERS' | ||
ASSOCIATION ASSESSMENT LIEN | ||
Before me, the undersigned authority, on this day personally | ||
appeared _______ ("Affiant(s)") (insert name of one or more | ||
affiants) who, being first duly sworn, upon oath states: | ||
(1) My/our name is/are _______ (insert name of | ||
Affiant(s)). I/we own the following described land ("Land"): | ||
(describe the property that is the subject of the property owners' | ||
association assessment lien) | ||
(2) This affidavit is made for the purpose of | ||
effecting a release of the property owners' association assessment | ||
lien recorded in _______ (refer to recording information of | ||
property owners' association assessment lien) ("Assessment Lien") | ||
as to the Land. | ||
(3) The debt on which the Assessment Lien in based has | ||
been satisfied in its entirety or is not owed by us. | ||
(4) Attached to this affidavit is evidence that: | ||
(A) Affiant(s) sent a letter and a copy of this | ||
affidavit, without attachments and before execution of the | ||
affidavit, notifying the association claiming the Assessment Lien | ||
of this affidavit and the Affiant(s)' intent to file for record this | ||
affidavit; and | ||
(B) the letter and this affidavit were sent by | ||
registered or certified mail, return receipt requested, 30 or more | ||
days before this affidavit was filed to the property owners' | ||
association claiming the Assessment Lien. | ||
(5) This affidavit serves as a release of the | ||
Assessment Lien as to the Land in accordance with Section 12.0171, | ||
Property Code. | ||
Signed on this _____ day of _______, _____. | ||
____________________ | ||
____________________ | ||
(Signature of Affiant(s)) | ||
State of __________ | ||
County of __________ | ||
SWORN TO AND SUBSCRIBED before me on the _________ day of | ||
__________, 20___. | ||
My commission expires: | ||
______________________ | ||
________________________________ | ||
Notary Public, State of Texas | ||
Notary's printed name: | ||
________________________________ | ||
(f) A person who knowingly causes an affidavit with false | ||
information to be executed and recorded under this section is | ||
liable for the penalties for filing a false affidavit, including | ||
the penalties for the commission of an offense under Section 37.02, | ||
Penal Code. The attorney general may sue to collect the penalty. A | ||
person who negligently causes an affidavit with false information | ||
to be executed and recorded under this section is liable to a party | ||
injured by the affidavit for actual damages. If the attorney | ||
general or an injured party bringing suit substantially prevails in | ||
an action under this subsection, the court may award reasonable | ||
attorney's fees and court costs to the prevailing party. | ||
SECTION 2. The change in law made by this Act applies only | ||
to an affidavit filed on or after the effective date of this Act. An | ||
affidavit filed before the effective date of this Act is governed by | ||
the law in effect immediately before the effective date of this Act, | ||
and that law is continued in effect for that purpose. | ||
SECTION 3. This Act takes effect September 1, 2011. |