Sec. 355.155. PAYMENT OF MATURITIES ON PREFERRED DEBT AND LIEN. (a) If property securing a debt for which a claim is allowed, approved, and fixed under Section 355.151(a)(2) is not sold or distributed within six months from the date letters testamentary or of administration are granted, the personal representative of the estate shall:
(1) promptly pay all maturities that have accrued on the debt according to the terms of the debt; and
(2) perform all the terms of any contract securing the debt.
(b) If the personal representative defaults in payment or performance under Subsection (a), on application of the claim holder, the court shall:
(1) require the sale of the property subject to the unmatured part of the debt and apply the proceeds of the sale to the liquidation of the maturities;
(2) require the sale of the property free of the lien and apply the proceeds to the payment of the whole debt; or
(3) authorize foreclosure by the claim holder as provided by this subchapter.
Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.
Structure Texas Statutes
Title 2 - Estates of Decedents; Durable Powers of Attorney
Subtitle H - Continuation of Administration
Chapter 355 - Presentment and Payment of Claims
Subchapter D. Presentment and Payment of Secured Claims for Money
Section 355.151. Option to Treat Claim as Matured Secured Claim or Preferred Debt and Lien
Section 355.152. Period for Specifying Treatment of Secured Claim
Section 355.153. Payment of Matured Secured Claim
Section 355.154. Preferred Debt and Lien
Section 355.155. Payment of Maturities on Preferred Debt and Lien
Section 355.1551. Claim Holder Duty to Possess or Sell Within Reasonable Time
Section 355.156. Affidavit Required for Foreclosure
Section 355.157. Citation on Application
Section 355.158. Hearing on Application
Section 355.159. Manner of Foreclosure; Minimum Price
Section 355.160. Unsuccessful Foreclosure; Subsequent Application