Tex. Est. Code Section 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 (Lien on Real Property Owned by Personal Surety) 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.
Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.

Source: Section 1105.204 — Release of Lien on Real Property Owned by Personal Sureties, https://statutes.­capitol.­texas.­gov/Docs/ES/htm/ES.­1105.­htm#1105.­204 (accessed Jun. 5, 2024).

1105.001
Definitions 1105.002
Manner of Qualification of Guardian 1105.003
Period for Taking Oath or Making Declaration and Giving Bond 1105.051
Oath or Declaration of Guardian 1105.052
Administration of Oath or Making of Declaration 1105.101
Bond Generally Required 1105.102
Bond for Certain Guardians of the Person 1105.103
Bond Required from Guardian Otherwise Exempt 1105.104
Bonds of Joint Guardians 1105.105
Bond of Married Person 1105.107
Bond of Guardianship Program 1105.108
Subscription of Bond by Principals and Sureties 1105.109
Form of Bond 1105.110
Filing of Bond 1105.111
Failure to Give Bond 1105.112
Bond Not Void on First Recovery 1105.151
General Formalities 1105.152
General Standard Regarding Amount of Bond 1105.153
Evidentiary Hearing on Amount of Bond 1105.154
Specific Bond Amount 1105.155
Agreement Regarding Deposit of Estate Assets 1105.156
Deposit of Estate Assets on Terms Prescribed by Court 1105.157
Deposits of Guardian 1105.158
Bond Required Instead of Deposits 1105.159
Withdrawal of Deposits on Closing of Guardianship 1105.160
Authorized Corporate or Personal Sureties 1105.161
Sureties for Certain Bonds 1105.162
Deposits by Personal Surety 1105.163
Applicability of Subchapter to Certain Court Orders 1105.201
Affidavit of Personal Surety 1105.202
Lien on Real Property Owned by Personal Surety 1105.203
Subordination of Lien on Real Property Owned by Personal Surety 1105.204
Release of Lien on Real Property Owned by Personal Sureties 1105.251
Grounds for Requiring New Bond 1105.252
Court Order or Citation on New Bond 1105.253
Show Cause Hearing on New Bond Requirement 1105.254
Effect of Order Requiring New Bond 1105.255
New Bond in Decreased Amount 1105.256
Request by Surety for New Bond 1105.257
Discharge of Former Sureties on Approval of New Bond
Green check means up to date. Up to date

Accessed:
Jun. 5, 2024

§ 1105.204’s source at texas​.gov