Sec. 12.018. TRANSFER BY RECEIVER OR CONSERVATOR OF FAILED DEPOSITORY INSTITUTION. If a bank, savings and loan association, savings bank, or other depository institution is placed in receivership or conservatorship by a state or federal agency, instrumentality, or institution, including the Banking Department of Texas, Department of Savings and Mortgage Lending of Texas, Office of the Comptroller of the Currency, Resolution Trust Corporation, Federal Deposit Insurance Corporation, Federal Savings and Loan Insurance Corporation, or their successors, a person at any time may record an affidavit or memorandum of a sale, transfer, purchase, or acquisition agreement between the receiver or conservator of the failed depository institution and another depository institution. If the sale, transfer, purchase, or acquisition agreement transfers or sells an interest in land or in a mortgage or other lien vested according to the real property records in the failed depository institution, a recorded affidavit or memorandum under this section is constructive notice of the transfer or sale. The failure of the affidavit or memorandum to be executed by the record owner or of the affidavit, memorandum, or agreement to contain language of conveyance does not create a defect in title to the land or the lien.
Added by Acts 1993, 73rd Leg., ch. 1004, Sec. 1, eff. Aug. 30, 1993. Renumbered from Property Code Sec. 12.017 by Acts 1995, 74th Leg., ch. 76, Sec. 17.01(43), eff. Sept. 1, 1995.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 921 (H.B. 3167), Sec. 6.064, eff. September 1, 2007.
Structure Texas Statutes
Chapter 12 - Recording of Instruments
Section 12.001. Instruments Concerning Property
Section 12.0012. Instruments Concerning Real Property Subject to a Foreclosure Sale
Section 12.0013. Recordation of Paper or Tangible Copy of Electronic Record
Section 12.002. Subdivision Plat; Penalty
Section 12.003. Instrument in General Land Office or Archives
Section 12.006. Grant From Government
Section 12.0071. Motion to Expunge Lis Pendens
Section 12.008. Cancellation of Lis Pendens
Section 12.009. Mortgage or Deed of Trust Master Form
Section 12.011. Certificate of Redemption
Section 12.014. Transfer of Judgment or Cause of Action
Section 12.015. Judgment in Justice Court
Section 12.016. Power of Attorney
Section 12.017. Title Insurance Company Affidavit as Release of Lien; Civil Penalty
Section 12.018. Transfer by Receiver or Conservator of Failed Depository Institution