Texas § ES.305.204 - LIEN ON REAL PROPERTY OWNED BY PERSONAL SURETIES

§ ES.305.204. LIEN ON REAL PROPERTY OWNED BY PERSONAL SURETIES

LIEN ON REAL PROPERTY OWNED BY PERSONAL SURETIES. (a) If a judge finds that the estimated value of personal property of the estate that cannot be deposited, as provided by Subchapter D, is such that personal sureties cannot be accepted without the creation of a specific lien on real property owned by each of the sureties, the judge shall enter an order requiring each surety to: (1) designate real property that: (A) is owned by the surety and located in this state; (B) is subject to execution; and (C) has a value that exceeds all liens and unpaid taxes by an amount at least equal to the amount of the bond; and (2) give an adequate legal description of the real property designated under Subdivision (1). (b) The surety shall incorporate the information required in the order under Subsection (a) in an affidavit. Following approval by the judge, the affidavit shall be attached to and form part of the bond. (c) A lien arises as security for the performance of the obligation of the bond only on the real property designated in the affidavit. (d) Before letters testamentary or of administration are issued to the personal representative whose bond includes an affidavit under this section, the court clerk shall mail a statement to the office of the county clerk of each county in which any real property designated in the affidavit is located. The statement must be signed by the court clerk and include: (1) a sufficient description of the real property located in that county; (2) the names of the principal and sureties on the bond; (3) the amount of the bond; and (4) the name of the estate and court in which the bond is given. (e) Each county clerk who receives a statement required by Subsection (d) shall record the statement in the county deed records. Each recorded statement shall be indexed in a manner that permits the convenient determination of the existence and character of the liens described in the statements. (f) The recording and indexing required by Subsection (e) constitutes constructive notice to all persons regarding the existence of the lien on real property located in the county, effective as of the date of the indexing. (g) If each personal surety subject to a court order under this section does not comply with the order, the judge may require that the bond be signed by: (1) an authorized corporate surety; or (2) an authorized corporate surety and at least two personal sureties. Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502 ), Sec. 1, eff. January 1, 2014.