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A BILL TO BE ENTITLED
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AN ACT
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relating to expunction of a notice of lis pendens. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 12.0071(f), Property Code, is amended to |
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read as follows: |
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(f) After a certified copy of an order expunging a notice of |
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lis pendens has been recorded: |
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(1) [,] the notice of lis pendens and any information |
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derived or that could be derived from the notice: |
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(A) [(1)] does not: |
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(i) [(A)] constitute constructive or |
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actual notice of any matter contained in the notice or of any matter |
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relating to the action in connection with which the notice was filed |
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[proceeding]; |
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(ii) [(B)] create any duty of inquiry in a |
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person with respect to the property described in the notice; or |
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(iii) [(C)] affect the validity of a |
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conveyance to a purchaser for value or of a mortgage to a lender for |
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value; and |
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(B) [(2)] is not enforceable against a purchaser |
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or lender described by Paragraph (A)(iii) [Subdivision (1)(C)], |
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regardless of whether the purchaser or lender knew of the lis |
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pendens action; and |
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(2) an interest in the real property may be sold or |
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encumbered free of all matters asserted or disclosed in the notice |
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and all claims or other matters asserted or disclosed in the action |
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in connection with which the notice was filed. |
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SECTION 2. The change in law made by this Act applies only |
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to a certified copy of an order expunging a notice of lis pendens |
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recorded on or after the effective date of this Act. A certified |
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copy of an order expunging a notice of lis pendens recorded before |
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the effective date of this Act is governed by the law in effect at |
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that time, and that law is continued in effect for that purpose. |
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SECTION 3. This Act takes effect September 1, 2017. |