Tex.
Prop. Code Section 53.158
Period for Bringing Suit to Foreclose Lien
(a)
Except as provided by Subsection (a-2), suit must be brought to foreclose the lien not later than the first anniversary of the last day a claimant may file the lien affidavit under Section 53.052 (Filing of Affidavit).(a-1)
Notwithstanding Section 16.069 (Counterclaim or Cross Claim), Civil Practice and Remedies Code, or any other law, if suit is pursued solely to discharge a lien because limitations have expired on bringing a lien foreclosure suit, the lien claimant’s rights to pursue a suit to foreclose a lien are not revived.(a-2)
The limitations period established under Subsection (a) may be extended to not later than the second anniversary of the date the claimant filed the lien affidavit under Section 53.052 (Filing of Affidavit) if, before the expiration of the limitations period established under Subsection (a), the claimant enters into a written agreement with the then-current record owner of the property to extend the limitations period. The agreement must be recorded with the clerk of the same county where the lien was recorded and is considered to be notice of the extension to any subsequent purchaser.(b)
Repealed by Acts 2021, 87th Leg., R.S., Ch. 690 (H.B. 2237), Sec. 36(9), eff. January 1, 2022.
Source:
Section 53.158 — Period for Bringing Suit to Foreclose Lien, https://statutes.capitol.texas.gov/Docs/PR/htm/PR.53.htm#53.158
(accessed Jun. 5, 2024).