Sec. 53.158. PERIOD FOR BRINGING SUIT TO FORECLOSE LIEN. (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(b) Repealed by Acts 2021, 87th Leg., R.S., Ch. 690 (H.B. 2237), Sec. 36(9), eff. January 1, 2022.
Added by Acts 1989, 71st Leg., ch. 1138, Sec. 23, eff. Sept. 1, 1989. Amended by Acts 1997, 75th Leg., ch. 526, Sec. 16, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 889, Sec. 4, eff. Sept. 1, 1999.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 690 (H.B. 2237), Sec. 23, eff. January 1, 2022.
Acts 2021, 87th Leg., R.S., Ch. 690 (H.B. 2237), Sec. 36(9), eff. January 1, 2022.
Notes of Decisions
CVN Grp., Inc. v. Delgado, 95 S.W.3d 234 (Tex. 2002).
· cites it 2× “See Tex. Prop.Code § 53.158. Once the lienholder *248 has filed suit, it must prove up the contract and the amount of the debt owed under the contract, the location of the property, the supplying of qualified labor or material, and the perfection of the lien.”
Hubble v. Lone Star Contracting Corp., 883 S.W.2d 379 (Tex. App.—Fort Worth 1994).
“The legislature has adopted TexProp.Code Ann. § 53.158 (Vernon Supp.1994), which provides for a two-year limitations period for filing suit to foreclose on a lien for contracts entered into after the effective date of the statute, September 1, 1989.”
Thompson Co. v. Paris Lakes Med. Assets, LLC, No. 4:20-cv-00390 (E.D. Tex. Dec. 22, 2021).
· cites it 2× “dism’d) (citing TEX. PROP. CODE ANN. § 53.158). To prevail on a lien foreclosure claim, a claimant must establish the following: (1) the claimant falls within the class of persons entitled to a statutory lien; (2) the claimant furnished the labor or materials; (3) the debt is…”
Cash Biz, LP v. Hiawatha Henry, No. 04-15-00469-CV (Tex. App.—San Antonio Sept. 3, 2015).
· cites it 2× “Liens Nonmortgage Liens Mechanics’ Liens HN9 See Tex. Prop. Code Ann. § 53.154 (1984). Governments Legislation Statute of Limitations Time Limitations Real Property Law .”
CJ Proj. Mgmt., Inc. v. BSPV-Plano, LLC, No. 22-04055 (Bankr. E.D. Tex. Mar. 31, 2025).
“TEX. PROP. CODE Ann. § 53.158. Pursuant to the statutory scheme, the trial court determines whether the debt is valid and the lien is perfected.”
Liverman, Roger, No. PD-1595-14 (Tex. Crim. App. Aug. 17, 2015).
“10 TEX. PROP. CODE § 53.158 ................”
Liverman, Aaron, No. PD-1596-14 (Tex. Aug. 18, 2015).
“10 TEX. PROP. CODE § 53.158 ................”
Tex. Prop. Code § 53.158(a): 1 case
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.