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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, the notice of lis pendens and any |
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information derived or which could be derived from the notice: |
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(1) does not: |
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(A) constitute constructive or actual notice of |
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any matter contained in the notice or of any matter relating to the |
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action in which the notice of lis pendens was filed [proceeding]; |
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(B) create any duty of inquiry in a person with |
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respect to the property described in the notice; or |
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(C) affect the validity of a conveyance to a |
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purchaser for value or of a mortgage to a lender for value; and |
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(2) is not enforceable against a purchaser or lender |
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described by Subdivision (1)(C), regardless of whether the |
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purchaser or lender knew of the lis pendens action. |
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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. |