Sec. 52.002. ISSUANCE OF ABSTRACT. (a) On application of a person in whose favor a judgment is rendered or on application of that person's agent, attorney, or assignee, the judge or justice of the peace who rendered the judgment or the clerk of the court in which the judgment is rendered shall prepare, certify, and deliver to the applicant an abstract of the judgment. The applicant for the abstract must pay the fee authorized by law for providing the abstract.
(b) The attorney of a person in whose favor a judgment is rendered in a small claims court or a justice court or a person in whose favor a judgment is rendered in a court other than a small claims court or a justice court or that person's agent, attorney, or assignee may prepare the abstract of judgment. An abstract of judgment prepared under this subsection must be verified by the person preparing the abstract.
Acts 1983, 68th Leg., p. 3527, ch. 576, Sec. 1, eff. Jan. 1, 1984. Amended by Acts 1987, 70th Leg., ch. 663, Sec. 2, eff. Sept. 1, 1987; Acts 1999, 76th Leg., ch. 176, Sec. 1, eff. Sept. 1, 1999; Acts 2001, 77th Leg., ch. 668, Sec. 2, eff. Sept. 1, 2001.
Notes of Decisions
Pennzoil Co. v. Texaco Inc., 481 U.S. 1 (1987).
· cites it 2× “See Tex. Prop. Code Ann. § 52.002 (1984) (directing clerk to issue an abstract of the judgment "[o]n application of a person in whose favor a judgment is rendered"; no exception for superseded judgments); Thulemeyer v.”
Wilson v. Dvorak, 228 S.W.3d 228 (Tex. App. 2007).
“2d at 929; see Tex. PROp.Code Ann. § 52.002. The purpose of an abstract of judgment is to create a lien against the debtor’s property and to provide notice to subsequent purchasers and encumbrancers of the existence of the judgment and the lien.”
Rogers v. Peeler, 271 S.W.3d 372 (Tex. App. 2008).
· cites it 2× “2d at 929 ; see TEX. PROP. CODE ANN. § 52.002. When properly recorded and indexed, an abstract of judgment creates a judgment lien on nonexempt real property that is superior to the rights of subsequent purchasers and lienholders.”
Untitled Texas Attorney Gen. Opinion: KP-0472 (Tex. Att'y Gen. 2024).
· cites it 3× “KP-0472 Re: Whether Texas Property Code section 52.002 requires a district clerk to prepare an abstract of judgment rendered by a court of appeals (RQ-0531-KP) Dear Mr.”
Don A. Wade v. Household Fin. Corp. III (Tex. App. 2015).
· cites it 2× “69 acres cannot be magically turned into a foreclosure on 90 acres. In this matter, HFC proceeded at all times in real estate fraud and unjust enrichment, all of which were barred by the doctrine of laches.”
U.S. Bank Nat'l Ass'n, in Its Capacities as Indenture Tr. & Collateral Tr., Appellant/Cross-Appellee v. H & H Pipe & Steel & Maddux Bldg. Materials, Inc., Joe Lane D/B/A Hallsville Woodyard, Good Times Wood Prods., Inc., Terry Diffey D/B/A Charter Trucking, W.D. Townley & Son Lumber Co., Inc., D/B/A Townley Lumber, Wanner Enter., Inc., D/B/A Ewell Equip. Co., DP Solutions, Inc., & Prime Acres Mgmt., Inc., Appellees/Cross-Appellants (Tex. App. 2021).
“2d at 929 ; see TEX. PROP. CODE ANN. § 52.002 (West 2014).”
— Tex. Prop. Code § 52.002(a) — 1 case
Untitled Texas Attorney Gen. Opinion: KP-0472 (Tex. Att'y Gen. 2024).
“KP-0472 Re: Whether Texas Property Code section 52.002 requires a district clerk to prepare an abstract of judgment rendered by a court of appeals (RQ-0531-KP) Dear Mr.”
— Tex. Prop. Code § 52.002(b) — 1 case
— Tex. Prop. Code § 52.002(d) — 3 cases
Don A. Wade v. Household Fin. Corp. III (Tex. App. 2015).
“69 acres cannot be magically turned into a foreclosure on 90 acres. In this matter, HFC proceeded at all times in real estate fraud and unjust enrichment, all of which were barred by the doctrine of laches.”
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