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Current as of January 01, 2024 | Updated by Findlaw Staff
(a) Except as provided by Subsection (a-2), suit must be brought to foreclose the lien not later than the first anniversary of the last day a claimant may file the lien affidavit under Section 53.052.
(a-1) Notwithstanding Section 16.069, Civil Practice and Remedies Code, or any other law, if suit is pursued solely to discharge a lien because limitations have expired on bringing a lien foreclosure suit, the lien claimant's rights to pursue a suit to foreclose a lien are not revived.
(a-2) The limitations period established under Subsection (a) may be extended to not later than the second anniversary of the date the claimant filed the lien affidavit under Section 53.052 if, before the expiration of the limitations period established under Subsection (a), the claimant enters into a written agreement with the then-current record owner of the property to extend the limitations period. The agreement must be recorded with the clerk of the same county where the lien was recorded and is considered to be notice of the extension to any subsequent purchaser.
(b) Repealed by Acts 2021, 87th Leg., ch. 690 (H.B. 2237), § 36(9).
Cite this article: FindLaw.com - Texas Property Code - PROP § 53.158. Period for Bringing Suit to Foreclose Lien - last updated January 01, 2024 | https://codes.findlaw.com/tx/property-code/prop-sect-53-158/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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