§ 1105.204 — RELEASE OF LIEN ON REAL PROPERTY OWNED BY PERSONAL SURETIES.

Texas § 1105.204

• Jurisdiction: Texas
• Code ES: Estates Code

Text

Sec. 1105.204. RELEASE OF LIEN ON REAL PROPERTY OWNED BY PERSONAL SURETIES. (a) A personal surety who has given a lien under Section 1105.202 may apply to the court to have the lien released.
(b) The court shall order the lien released if:
(1) the court is satisfied that the bond is sufficient without the lien; or
(2) sufficient other real or personal property of the surety is substituted on the same terms required for the lien that is to be released.
(c) If the personal surety does not offer a lien on other substituted property under Subsection (b)(2) and the court is not satisfied that the bond is sufficient without the substitution of other property, the court shall order the guardian to appear and give a new bond.
(d) A certified copy of the court's order releasing the lien and describing the property that was subject to the lien has the effect of canceling the lien if the order is filed with the county clerk and recorded in the deed records of the county in which the property is located.
SUBCHAPTER F. NEW BONDS

Legislative History

Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759 ), Sec. 1.02, eff. January 1, 2014.