Sec. 52.001. ESTABLISHMENT OF LIEN. Except as provided by Section 52.0011 or 52.0012, a first or subsequent abstract of judgment, when it is recorded and indexed in accordance with this chapter, if the judgment is not then dormant, constitutes a lien on and attaches to any real property of the defendant, other than real property exempt from seizure or forced sale under Chapter 41, the Texas Constitution, or any other law, that is located in the county in which the abstract is recorded and indexed, including real property acquired after such recording and indexing.
Acts 1983, 68th Leg., p. 3526, ch. 576, Sec. 1, eff. Jan. 1, 1984. Amended by Acts 1989, 71st Leg., ch. 1178, Sec. 2, eff. Sept. 1, 1989; Acts 1993, 73rd Leg., ch. 48, Sec. 6, eff. Sept. 1, 1993.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 374 (S.B. 512), Sec. 1, eff. September 1, 2007.
Notes of Decisions
Pennzoil Co. v. Texaco Inc., 481 U.S. 1 (1987).
· cites it 2× “, including, without limitation, attempting to obtain or file any judgment lien or abstract of judgment related to said Judgment (pursuant to Tex. Prop. Code Ann. §§ 52.001 , et seq., or otherwise), or initiating or commencing steps to execute on said Judgment .”
Texaco Inc. v. Pennzoil Co., State of Texas, Intervenor, 784 F.2d 1133 (2d Cir. 1986).
· cites it 4× “In addition, Tex.Prop.Code Ann. §§ 52.001 et seq. (Vernon 1983), provides that an abstract of judgment presented by the judgment creditor (Pennzoil), when properly recorded and indexed, constitutes a lien “on the property of the defendant located in the county in which the…”
Murray v. Cadle Co., 257 S.W.3d 291 (Tex. App. 2008).
· cites it 2× “4 We cannot agree. Under Texas law, a judgment creditor must comply with the statutory mechanisms providing for the creation of judgment liens to acquire a lien on real property owned by the judgment debtor.”
Hahn v. Love, 321 S.W.3d 517 (Tex. App. 2009).
“See Tex. Prop.Code Ann. § 52.001 (Vernon Supp.”
Segal v. Emmes Capital, L.L.C., 155 S.W.3d 267 (Tex. App. 2004).
“Laws 2174 , 2174 (adopting current version of Tex. PROp.Code Ann. § 52.001(a)). As shown above, at no time was section 51.”
JONG IK WON v. Fernandez, 324 S.W.3d 833 (Tex. App. 2010).
· cites it 2× “Fernandez argues that the execution sale is void because Betancourt, the judgment creditor, did not file and record an abstract of judgment to create a judgment lien and without a lien, the officer had no authority to sell the property. Fernandez is correct that filing and…”
Ann BASLEY, Laura Hale, Lindell L. Hale, & Vickie Hale Whitt, Appellants, v. ADONI HOLDINGS, LLC, & Dodeka, LLC, Appellees, 373 S.W.3d 577 (Tex. App. 2012).
“No mention is made in the record that any abstract of the judgment was filed in Hunt County pursuant to Tex. Prop.Code Ann. § 52.001 (West Supp.2011), and it is assumed that none was filed.”
— Tex. Prop. Code § 52.001(a) — 1 case
Segal v. Emmes Capital, L.L.C., 155 S.W.3d 267 (Tex. App. 2004).
“Laws 2174 , 2174 (adopting current version of Tex. PROp.Code Ann. § 52.001(a)). As shown above, at no time was section 51.”
— Tex. Prop. Code § 52.001(b) — 1 case
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