Sec. 5.030. CORRECTION INSTRUMENT: EFFECT.

214 words·~1 min read·/tx/property-code/title-2-conveyances/chapter-5-conveyances/subchapter-a-general-provisions/5-030·

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)A correction instrument that complies with Section 5.028 or 5.029 is:

(1)effective as of the effective date of the recorded original instrument of conveyance;

(2)prima facie evidence of the facts stated in the correction instrument;

(3)presumed to be true;

(4)subject to rebuttal; and

(5)notice to a subsequent buyer of the facts stated in the correction instrument.

(b)A correction instrument replaces and is a substitute for the original instrument. Except as provided by Subsection (c), a bona fide purchaser of property that is subject to a correction instrument may rely on the instrument against any person making an adverse or inconsistent claim.

(c)A correction instrument is subject to the property interest of a creditor or a subsequent purchaser for valuable consideration without notice acquired on or after the date the original instrument was acknowledged, sworn to, or proved and filed for record as required by law and before the correction instrument has been acknowledged, sworn to, or proved and filed for record as required by law.

Added by Acts 2011, 82nd Leg., R.S., Ch. 194 (S.B. 1496 ), Sec. 1, eff. September 1, 2011.

Amended by:

Acts 2013, 83rd Leg., R.S., Ch. 158 (S.B. 887 ), Sec. 2, eff. September 1, 2013.