Sec. 64.054. ENFORCEMENT BY NOTICE TO ASSIGNOR. (a) After default, or as otherwise agreed by the assignor, the assignee may give the assignor a notice demanding that the assignor pay the assignee the proceeds of any rents that the assignee is entitled to collect under Section 64.053.
(b) For the purposes of Section 64.053, the assignee begins enforcement under this section on the date on which the assignee gives notice to the assignor in accordance with Section 64.002.
(c) An assignee may not enforce an assignment of rents under this section if, on the date the security instrument was signed and the date of prospective enforcement, the real property constitutes the assignor's homestead on which is located a one-family to four-family dwelling.
Added by Acts 2011, 82nd Leg., R.S., Ch. 636 (S.B. 889), Sec. 2, eff. June 17, 2011.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 453 (S.B. 848), Sec. 6, eff. June 14, 2013.
Structure Texas Statutes
Title 5 - Exempt Property and Liens
Chapter 64 - Assignment of Rents to Lienholder
Subchapter B. Assignment of Rents
Section 64.053. Enforcement of Security Interest in Rents Generally
Section 64.054. Enforcement by Notice to Assignor
Section 64.055. Enforcement by Notice to Tenant
Section 64.056. Form of Notice to Tenant
Section 64.057. Effect of Enforcement
Section 64.058. Application of Proceeds Generally
Section 64.060. Turnover of Rents; Liability of Assignor
Section 64.061. Attachment, Perfection, and Priority of Assignee's Security Interest in Proceeds