Tex. Prop. Code Section 64.057
Effect of Enforcement

The enforcement of an assignment of rents by a method provided by Section 64.054 (Enforcement by Notice to Assignor) or 64.055 (Enforcement by Notice to Tenant), the application of proceeds by the assignee under Section 64.059 (Application of Proceeds to Expenses of Protecting Real Property; Claims and Defenses of Tenant) after enforcement, the payment of expenses under Section 64.058 (Application of Proceeds Generally), or an action under Section 64.060 (Turnover of Rents; Liability of Assignor) does not:

(1)

make the assignee a mortgagee in possession of the real property from which the rents arise;

(2)

make the assignee an agent of the assignor;

(3)

constitute an election of remedies that precludes a later action to enforce the secured obligation;

(4)

make the secured obligation unenforceable;

(5)

limit any right available to the assignee with respect to the secured obligation; or

(6)

bar a deficiency judgment under any law of this state governing or relating to deficiency judgments following the enforcement of any encumbrance, lien, or security interest.
Added by Acts 2011, 82nd Leg., R.S., Ch. 636 (S.B. 889), Sec. 2, eff. June 17, 2011.

Source: Section 64.057 — Effect of Enforcement, https://statutes.­capitol.­texas.­gov/Docs/PR/htm/PR.­64.­htm#64.­057 (accessed Jun. 5, 2024).

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Accessed:
Jun. 5, 2024

§ 64.057’s source at texas​.gov