PROPERTY 

RESIDENTIAL REAL ESTATE TRANSACTIONS AND DEEDS Effective: 9-1-2011 SB 1320 RESIDENTIAL REAL ESTATE TRANSACTIONS AND DEEDS Effective: 9-1-2011 Statutes Affected: BC Chapter 21 PP 24.004 “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

JURISDICTION SB 1320 Con’td 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

HB 1111 TENANT’S FAILURE TO PAY RENT Effective: 1-1-2012 Statutes Affected: PP 24.0053  Applies to eviction filed on or after 1-1-2012 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

HB 1111 TENANT’S FAILURE TO PAY RENT Effective: 1-1-2012 Statutes Affected: PP 24.0053 PP 24.0054  Applies to eviction filed on or after 1-1-2012 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

HB 1111 TENANT’S FAILURE TO PAY RENT Effective: 1-1-2012 Statutes Affected: PP 24.0053 Applies to eviction filed on or after 1-1-2012 Writ may not issue before 6th 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

HB 1127 CITATION IN EVICTION CASE Effective: 1-1-2012 Statutes Affected: PP 24.0051 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 92.017, TEXAS PROPERTY CODE.

HB 0079 APPEAL Effective: 1-1-2012 Statutes Affected: PP 24.007 Applies to judgment rendered on or after 1-1-2012 ALLOWS APPEAL FROM FINAL JUDGMENT OF COUNTY CIVIL COURT IN EVICTIONS TO STAY APPEAL, SUPERSEDEAS BOND REQUIRED WITHIN 10 DAYS OF JUDGMENT

HB 1168 APPEAL Effective: 9-1-2011 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

Applies to lease entered into on or after 9-1-2011 HB 1168 APPEAL Effective: 9-1-2011 Statutes Affected: PP 92.023 Applies to lease entered into on or after 9-1-2011 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  

SB 0889 ASSIGNMENT OF RENT Effective: 6-17-2011 Statutes Affected: PP 64.002 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)

Statutes Affected: PP 74.101 PP 74.301 PROPERTY REPORT HB 0257 ESCHEAT Effective: 9-1-2011 Statutes Affected: PP 74.101 PP 74.301 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

SB 1368 ENCUMBRANCE OF REAL PROPERTY Effective: 6-17-2011 Statutes Affected: PP 64.001 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

SB 1496 CORRECTION INSTRUMENTS Effective: 9-1-2011 Statutes Affected: PP 5.027 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

RECORDS OF PROPERTY OWNERS ASSOCIATIONS Effective: 1-1-2012 HB 2761 RECORDS OF PROPERTY OWNERS ASSOCIATIONS Effective: 1-1-2012 Statutes Affected: PP 209.005 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

SB 0101 FORECLOSURE ON MILITARY Effective: 9-1-2011 Statutes Affected: PP 51.002 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.

HB 1456 SB 0690 LIENS Effective: 1-1-2012 Statutes Affected: PP 59.043 Provisions standardize waiver and release forms Self-storage facilities Allows notice to be given: in person by e-mail by verified mail

SB 1810 EXEMPT PROPERTY Effective: 6-17-2011 Statutes Affected: PP 49.0021 Includes inherited IRA or IRA annuity among employment related plans and accounts that are exempt from attachment, execution, and seizure

SB 1187 INDEX NOTICE OF LIS PENDENS Effective: 9-1-2011 Statutes Affected: PP 13.004 Lis pendens filed on or after 9-1-2011 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