Tex. Property Code § 12.0012
This is the official text of Tex. Property Code § 12.0012, part of Texas’s Property Code — governs real property, landlord-tenant law, and property transactions.
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§ 12.0012. INSTRUMENTS CONCERNING REAL PROPERTY SUBJECT TO A FORECLOSURE SALE.
Official statutory text
(a) Notwithstanding Section 12.0011(b), the following documents received by the county clerk in the manner provided by Subsection (b) shall be recorded by the clerk and serve as notice of the matter document:
(1) an instrument appointing or authorizing a trustee or substitute trustee to exercise the power of sale in a security instrument;
(2) a notice of sale pursuant to which the sale under a power of sale occurred;
(3) a notice of default on which the sale evidenced by a deed conveying title from a trustee or substitute trustee to a purchaser occurred;
(4) documentation from the United States Department of Defense indicating that a debtor was not on active duty military service on the date of a foreclosure sale;
(5) a statement of facts regarding a foreclosure sale prepared by an attorney representing the trustee, substitute trustee, or mortgage servicer; or
(6) proof of service of the mailing of any notice related to a foreclosure sale.
(b) A document described by Subsection (a) shall be accepted for recording pursuant to Subsection (a) if it is attached as an exhibit to:
(1) a deed that conveys title from a trustee or substitute trustee to a purchaser at a foreclosure sale and that meets the requirements for recording under Section 12.0011(b); or
(2) an affidavit of a trustee or substitute trustee that meets the requirements for recording under Section 12.0011(b) and relates to a foreclosure sale.
(c) This section does not prevent the recording of documents in any other manner allowed by law.
(1) an instrument appointing or authorizing a trustee or substitute trustee to exercise the power of sale in a security instrument;
(2) a notice of sale pursuant to which the sale under a power of sale occurred;
(3) a notice of default on which the sale evidenced by a deed conveying title from a trustee or substitute trustee to a purchaser occurred;
(4) documentation from the United States Department of Defense indicating that a debtor was not on active duty military service on the date of a foreclosure sale;
(5) a statement of facts regarding a foreclosure sale prepared by an attorney representing the trustee, substitute trustee, or mortgage servicer; or
(6) proof of service of the mailing of any notice related to a foreclosure sale.
(b) A document described by Subsection (a) shall be accepted for recording pursuant to Subsection (a) if it is attached as an exhibit to:
(1) a deed that conveys title from a trustee or substitute trustee to a purchaser at a foreclosure sale and that meets the requirements for recording under Section 12.0011(b); or
(2) an affidavit of a trustee or substitute trustee that meets the requirements for recording under Section 12.0011(b) and relates to a foreclosure sale.
(c) This section does not prevent the recording of documents in any other manner allowed by law.
Status: in_force · Read it on the official government site
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