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Senate Bill 887 |
Senate Author: Uresti |
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Effective: 9-1-13 |
House Sponsor: Orr |
Current law authorizes a person who has personal knowledge of facts relevant to the correction of a recorded original instrument of conveyance of real property to execute a correction instrument to make a nonmaterial change that results from a clerical error. Senate Bill 887 amends the Property Code to also authorize the preparation of a correction instrument for that purpose and the preparation or execution of a correction instrument to make a nonmaterial change that results from an inadvertent error. The bill clarifies that a correction instrument replaces and is a substitute for the original instrument. The bill establishes that a correction instrument is subject to the property interest of a creditor or a subsequent purchaser for valuable consideration without notice acquired on or after the date the original instrument was acknowledged, sworn to, or proved and filed for record and before the correction instrument has been acknowledged, sworn to, or proved and filed for record.