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Senate Bill 1496 |
Senate Author: Uresti |
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Effective: 9-1-11 |
House Sponsor: Anderson, Rodney |
Senate Bill 1496 amends the Property Code to allow a correction instrument relating to the conveyance of real property to correct an ambiguity or error in a recorded original instrument of conveyance to transfer real property or an interest in real property, including an ambiguity or error that relates to the description of or extent of the interest conveyed. The bill prohibits a correction instrument from correcting an ambiguity or error in a recorded original instrument of conveyance to transfer real property not originally conveyed in the instrument of conveyance for purposes of a sale of real property under a power of sale conferred by a deed of trust or other contract lien unless the conveyance otherwise complies with all requirements of provisions generally applicable to liens. The bill authorizes a person who has knowledge of facts relevant to the correction of a recorded original instrument of conveyance to execute a correction instrument to make a nonmaterial change relating to a clerical error, authorizes the parties to the original transaction or the parties' heirs, successors, or assigns, as applicable, to execute a correction instrument to make a material correction as well as a nonmaterial correction to the recorded original instrument of conveyance, sets out requirements for executing such correction instruments, and establishes the effects of a correction instrument.