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Texas Property Code - PROP § 52.0011. Establishment of Lien Pending Appeal of Judgment

Current as of January 01, 2024 | Updated by Findlaw Staff

(a) A first or subsequent abstract of a judgment rendered by a court against a defendant, when it is recorded and indexed under this chapter, does not constitute a lien on the real property of the defendant if:

(1) the defendant has posted security as provided by law or is excused by law from posting security;  and

(2) the court finds that the creation of the lien would not substantially increase the degree to which a judgment creditor's recovery under the judgment would be secured when balanced against the costs to the defendant after the exhaustion of all appellate remedies.  A certified copy of the finding of the court must be recorded in the real property records in each county in which the abstract of judgment or a certified copy of the judgment is filed in the abstract of judgment records.

(b) The court may withdraw its finding under Subsection (a)(2) at any time the court determines, from evidence presented to it, that the finding should be withdrawn.  The lien exists on withdrawal of the finding and on the filing of a certified copy of the withdrawal of the finding of the court in the real property records in each county in which the abstract of judgment or a certified copy of the judgment is filed in the abstract of judgment records.

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Cite this article: FindLaw.com - Texas Property Code - PROP § 52.0011. Establishment of Lien Pending Appeal of Judgment - last updated January 01, 2024 | https://codes.findlaw.com/tx/property-code/prop-sect-52-0011/

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