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TX HB4063
Bill
Status
6/20/2025
Primary Sponsor
Claudia Ordaz Perez
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AI Summary
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Establishes requirements for filing a "unilateral memorandum of contract" concerning residential property (single-family homes, duplexes, triplexes, quadruplexes, or condos), which is a document signed only by a non-owner claiming to have a purchase contract, option, or right of first refusal with the property owner
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Requires persons filing such memoranda to provide their mailing address and certificate of mailing to the county clerk, and send notice to the property owner via certified mail to the property address and any known mailing addresses
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Allows property owners to file an affidavit and certificate of mailing to release the recorded memorandum from the property records, with specific statutory forms provided for both the release affidavit and mailing certificate
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After owner files release affidavit, bona fide purchasers or lenders may conclusively rely on it after 45 days unless the original filer records a contradicting affidavit; remedies for the original filer are limited to money damages only
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Memoranda filed on or after September 1, 2025 that fail to comply with notice requirements provide no constructive or actual notice and are unenforceable against subsequent purchasers or lenders regardless of their knowledge
Legislative Description
Relating to the filing and release of record of a unilateral memorandum of contract concerning residential property.
Property Interests
Last Action
Effective on 9/1/25
6/20/2025