Texas Senate Bill SB2163

Texas 2019 - 86th Regular

Caption

Relating to the survival of a mechanic's retainage lien after the foreclosure of a lien securing a construction loan.

Impact

The bill modifies the existing Property Code by adding a new section that outlines the rules governing the survival of a retainage lien following the foreclosure of related liens. This change is intended to provide more robust protections for contractors and subcontractors by ensuring that retainage amounts owed are still enforceable even after a foreclosure event. The law will apply to contracts entered into after the bill's effective date, creating a clear distinction between pre-existing and future contractual obligations regarding liens.

Summary

Senate Bill 2163 addresses the issue of mechanic's retainage liens in the context of foreclosures related to construction loans. It establishes that when a property is sold due to the foreclosure of a lien securing a financing agreement for construction or repair improvements, the buyer will take the property subject to any unreleased retainage lien. This legislative measure aims to clarify the rights of lienholders and protect their interests after a foreclosure, ensuring that they are not dismissed when a property changes ownership due to financial transactions.

Contention

Notable points of contention surrounding SB2163 may include discussions on how this bill could potentially affect the lending practices of financial institutions involved in construction financing. Critics might argue that reinforcing retainage liens could complicate foreclosure processes or discourage lenders from providing loans if they feel their security interests might be undermined after foreclosure. Advocates for the bill, however, likely argue that it provides necessary protections for service providers in the construction industry, ensuring that they are paid for their work and safeguarding their financial interests.