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Texas Civil Practice and Remedies Code

§ 16.035 — LIEN ON REAL PROPERTY

CP § 16.035Title 2. TRIAL, JUDGMENT, AND APPEAL · Part B. TRIAL MATTERS · Ch. 16. LIMITATIONS · Art. B. LIMITATIONS OF REAL PROPERTY ACTIONS

Statute text

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(a)A person must bring suit for the recovery of real property under a real property lien or the foreclosure of a real property lien not later than four years after the day the cause of action accrues.
(b)A sale of real property under a power of sale in a mortgage or deed of trust that creates a real property lien must be made not later than four years after the day the cause of action accrues.
(c)The running of the statute of limitations is not suspended against a bona fide purchaser for value, a lienholder, or a lessee who has no notice or knowledge of the suspension of the limitations period and who acquires an interest in the property when a cause of action on an outstanding real property lien has accrued for more than four years, except as provided by:
(1)Section 16.062, providing for suspension in the event of death; or
(2)Section 16.036, providing for recorded extensions of real property liens.
(d)On the expiration of the four-year limitations period, the real property lien and a power of sale to enforce the real property lien become void.

Legislative history

Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985. Amended by Acts 1997, 75th Leg., ch. 219, Sec. 1, eff. May 23, 1997.

Source: Texas Civil Practice and Remedies Code § 16.035 from the Texas Constitution and Statutes (Texas Legislature) (public record). DecisionDepot is for informational use only and is not legal advice — verify against the official source before relying on this text.