Tex. Prop. Code § 52.002

Issuance Of Abstract

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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

Cited in 16 cases (6 in the last 5 years), 1987–2024 · leading case: Pennzoil Co. v. Texaco Inc.

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Pennzoil Co. v. Texaco Inc. (1987) scotus · 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an abstract of the judgment "[o]n application of a person in whose favor a judgment is rendered"; no exception for superseded judgments); Thulemeyer v.”

Peralta v. Heights Medical Center, Inc. (1988) scotus “Tex. Prop. Code Ann. §§ 52.002 , 52.004(a) (1984 and Supp.”

Noble Mortgage & Investments, LLC v. D & M Vision Investments, LLC (2011) texapp “(citing Tex. Prop.Code Ann. § 52.002 (Vernon 2007)).”

Wilson v. Dvorak (2007) texapp “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 (2008) texapp · 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.”

Allied First National Bank of Mesquite v. Jones (1988) texapp · cites it 2× “” TEX.PROP. CODE ANN. § 52.002 (Vernon Supp.”

Hoffman, McBryde & Co., PC v. Heyland (2002) texapp “Tex. PROP. Code Ann. § 52.002 (Vernon Supp.”

International Armament Corp., Firearms International Inc. and Alan Aronstein v. Stocker & Lancaster LLP (2018) texapp “See TEX. PROP. CODE ANN. § 52.002 (West 2014).”

Untitled Texas Attorney General Opinion: KP-0472 (2024) texag · 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 Finance Corp. III (2015) texapp · 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 National Association, in Its Capacities as Indenture Trustee and Collateral Trustee, Appellant/Cross-Appellee (2021) texapp “2d at 929 ; see TEX. PROP. CODE ANN. § 52.002 (West 2014).”

DHI Holdings, LP v. Deutsche Bank National Trust Company, as Trustee for GSamp Trust 2006-SD1, Mortgage Pass-Through Cer (2022) texapp “See TEX. PROP. CODE §§ 52.002, .0025; TEX. BUS.”

Show all 16 citing cases →

— Tex. Prop. Code § 52.002(a) — 1 case

Untitled Texas Attorney General Opinion: KP-0472 (2024) texag “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

Allied First National Bank of Mesquite v. Jones (1988) texapp “” TEX.PROP. CODE ANN. § 52.002 (Vernon Supp.”

— Tex. Prop. Code § 52.002(d) — 3 cases

Don A. Wade v. Household Finance Corp. III (2015) texapp “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.”

Dukes v. NewRez LLC dba Shellpoint Mortgage Servicing (2023) txwd

Bennie Deweese v. Ocwen Loan Servicing L.L.C. and Mortgage Electronic Registration Systems, Inc. (MERS) as Nominee for F (2014) texapp

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