Texas Civil Practice and Remedies Code

§ 16.036 — EXTENSION OF REAL PROPERTY LIEN

CP § 16.036Title 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)The party or parties primarily liable for a debt or obligation secured by a real property lien, as that term is defined in Section 16.035, may suspend the running of the four-year limitations period for real property liens through a written extension agreement as provided by this section.

(b)The limitations period is suspended and the lien remains in effect for four years after the extended maturity date of the debt or obligation if the extension agreement is:

(1)signed and acknowledged as provided by law for a deed conveying real property; and

(2)filed for record in the county clerk's office of the county where the real property is located.

(c)The parties may continue to extend the lien by entering, acknowledging, and recording additional extension agreements.

(d)The maturity date stated in the original instrument or in the date of the recorded renewal and extension is conclusive evidence of the maturity date of the debt or obligation.

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Legislative history

Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985. Amended by Acts 1997, 75th Leg., ch. 219, Sec. 2, eff. May 23, 1997.