Texas § CP.16.035 - LIEN ON REAL PROPERTY

§ CP.16.035. LIEN ON REAL PROPERTY

LIEN ON REAL PROPERTY. (a) A person must bring suit for the recovery of real property under a real property lien or the foreclosure of a real property lien not later than four years after the day the cause of action accrues. (b) A sale of real property under a power of sale in a mortgage or deed of trust that creates a real property lien must be made not later than four years after the day the cause of action accrues. (c) The running of the statute of limitations is not suspended against a bona fide purchaser for value, a lienholder, or a lessee who has no notice or knowledge of the suspension of the limitations period and who acquires an interest in the property when a cause of action on an outstanding real property lien has accrued for more than four years, except as provided by: (1) Section 16.062 , providing for suspension in the event of death; or (2) Section 16.036 , providing for recorded extensions of real property liens. (d) On the expiration of the four-year limitations period, the real property lien and a power of sale to enforce the real property lien become void. (e) If a series of notes or obligations or a note or obligation payable in installments is secured by a real property lien, the four-year limitations period does not begin to run until the maturity date of the last note, obligation, or installment. (f) The limitations period under this section is not affected by Section 3.118 , Business & Commerce Code. (g) In this section, "real property lien" means: (1) a superior title retained by a vendor in a deed of conveyance or a purchase money note; or (2) a vendor's lien, a mortgage, a deed of trust, a voluntary mechanic's lien, or a voluntary materialman's lien on real estate, securing a note or other written obligation. Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985. Amended by Acts 1997, 75th Leg., ch. 219, Sec. 1, eff. May 23, 1997.