(a) The party or parties primarily liable for a debt or obligation secured by a real property lien, as that term is defined in § 16.035, may suspend the running of the four-year limitations period for real property liens through a written extension agreement as provided by this section.
(b) The limitations period is suspended and the lien remains in effect for four years after the extended maturity date of the debt or obligation if the extension agreement is:
(1) signed and acknowledged as provided by law for a deed conveying real property; and
(2) filed for record in the county clerk’s office of the county where the real property is located.

Terms Used In Texas Civil Practice and Remedies Code 16.036

  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Property: means real and personal property. See Texas Government Code 311.005
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • Signed: includes any symbol executed or adopted by a person with present intention to authenticate a writing. See Texas Government Code 311.005
  • Written: includes any representation of words, letters, symbols, or figures. See Texas Government Code 311.005

(c) The parties may continue to extend the lien by entering, acknowledging, and recording additional extension agreements.
(d) The maturity date stated in the original instrument or in the date of the recorded renewal and extension is conclusive evidence of the maturity date of the debt or obligation.
(e) The limitations period under this section is not affected by § 3.118, Business & Commerce Code.

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