By: Hughes S.B. No. 1955
A BILL TO BE ENTITLED
AN ACT
relating to expunction of a notice of lis pendens.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 12.0071(f), Property Code, is amended to
read as follows:
(f) After a certified copy of an order expunging a notice of
lis pendens has been recorded, the notice of lis pendens and any
information derived or which could be derived from the notice:
(1) does not:
(A) constitute constructive or actual notice of
any matter contained in the notice or of any matter relating to the
action in which the notice of lis pendens was filed [proceeding];
(B) create any duty of inquiry in a person with
respect to the property described in the notice; or
(C) affect the validity of a conveyance to a
purchaser for value or of a mortgage to a lender for value; and
(2) is not enforceable against a purchaser or lender
described by Subdivision (1)(C), regardless of whether the
purchaser or lender knew of the lis pendens action.
SECTION 2. The change in law made by this Act applies only
to a certified copy of an order expunging a notice of lis pendens
recorded on or after the effective date of this Act. A certified
copy of an order expunging a notice of lis pendens recorded before
the effective date of this Act is governed by the law in effect at
that time, and that law is continued in effect for that purpose.
SECTION 3. This Act takes effect September 1, 2017.