§ 355.151 Option to Treat Claim as Matured Secured Claim or Preferred Debt and Lien
§ 355.152 Period for Specifying Treatment of Secured Claim
§ 355.153 Payment of Matured Secured Claim
§ 355.154 Preferred Debt and Lien
§ 355.155 Payment of Maturities On Preferred Debt and Lien
§ 355.1551 Claim Holder Duty to Possess or Sell Within Reasonable Time
§ 355.156 Affidavit Required for Foreclosure
§ 355.157 Citation On Application
§ 355.158 Hearing On Application
§ 355.159 Manner of Foreclosure; Minimum Price
§ 355.160 Unsuccessful Foreclosure; Subsequent Application
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Terms Used In Texas Estates Code Chapter 355 > Subchapter D - Presentment and Payment of Secured Claims for Money

  • Act: means a bodily movement, whether voluntary or involuntary, and includes speech. See Texas Penal Code 1.07
  • Actor: means a person whose criminal responsibility is in issue in a criminal action. See Texas Penal Code 1.07
  • Agency: includes authority, board, bureau, commission, committee, council, department, district, division, and office. See Texas Penal Code 1.07
  • Alcoholic beverage: has the meaning assigned by § 1. See Texas Penal Code 1.07
  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Another: means a person other than the actor. See Texas Penal Code 1.07
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Appraisal: A determination of property value.
  • Arrest: Taking physical custody of a person by lawful authority.
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Benefit: means anything reasonably regarded as economic gain or advantage, including benefit to any other person in whose welfare the beneficiary is interested. See Texas Penal Code 1.07
  • Bodily injury: means physical pain, illness, or any impairment of physical condition. See Texas Penal Code 1.07
  • Civil commitment facility: means a facility owned, leased, or operated by the state, or by a vendor under contract with the state, that houses only persons who have been civilly committed as sexually violent predators under Chapter 841, Health and Safety Code. See Texas Penal Code 1.07
  • Claims: includes :
    (1) liabilities of a decedent that survive the decedent's death, including taxes, regardless of whether the liabilities arise in contract or tort or otherwise;
    (2) funeral expenses;
    (3) the expense of a tombstone;
    (4) expenses of administration;
    (5) estate and inheritance taxes; and
    (6) debts due such estates. See Texas Estates Code 22.005
  • Conduct: means an act or omission and its accompanying mental state. See Texas Penal Code 1.07
  • Consent: means assent in fact, whether express or apparent. See Texas Penal Code 1.07
  • Continuance: Putting off of a hearing ot trial until a later time.
  • Contract: A legal written agreement that becomes binding when signed.
  • Correctional facility: means a place designated by law for the confinement of a person arrested for, charged with, or convicted of a criminal offense. See Texas Penal Code 1.07
  • Court: means and includes:
    (1) a county court in the exercise of its probate jurisdiction;
    (2) a court created by statute and authorized to exercise original probate jurisdiction; and
    (3) a district court exercising original probate jurisdiction in a contested matter. See Texas Estates Code 22.007
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Death: includes , for an individual who is an unborn child, the failure to be born alive. See Texas Penal Code 1.07
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Devisee: includes a legatee. See Texas Estates Code 22.009
  • Estate: means a decedent's property, as that property:
    (1) exists originally and as the property changes in form by sale, reinvestment, or otherwise;
    (2) is augmented by any accretions and other additions to the property, including any property to be distributed to the decedent's representative by the trustee of a trust that terminates on the decedent's death, and substitutions for the property; and
    (3) is diminished by any decreases in or distributions from the property. See Texas Estates Code 22.012
  • 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.
  • Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
  • Felony: means an offense so designated by law or punishable by death or confinement in a penitentiary. See Texas Penal Code 1.07
  • Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. Source: OCC
  • Government: means :
    (A) the state;
    (B) a county, municipality, or political subdivision of the state; or
    (C) any branch or agency of the state, a county, municipality, or political subdivision. See Texas Penal Code 1.07
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • in writing: includes any representation of words, letters, or figures, whether by writing, printing, or other means. See Texas Government Code 312.011
  • Individual: means a human being who is alive, including an unborn child at every stage of gestation from fertilization until birth. See Texas Penal Code 1.07
  • Judge: means the presiding judge of any court having original jurisdiction over probate proceedings, regardless of whether the court is:
    (1) a county court in the exercise of its probate jurisdiction;
    (2) a court created by statute and authorized to exercise probate jurisdiction; or
    (3) a district court exercising probate jurisdiction in a contested matter. See Texas Estates Code 22.019
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Justice: when applied to a magistrate, means justice of the peace. See Texas Government Code 312.011
  • Law: means the constitution or a statute of this state or of the United States, a written opinion of a court of record, a municipal ordinance, an order of a county commissioners court, or a rule authorized by and lawfully adopted under a statute. See Texas Penal Code 1.07
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • lien: include :
    (1) a deed of trust;
    (2) a vendor's lien, a mechanic's, materialman's, or laborer's lien, an attachment or garnishment lien, and a federal or state tax lien;
    (3) a chattel mortgage;
    (4) a judgment; and
    (5) a pledge by hypothecation. See Texas Estates Code 22.024
  • Misdemeanor: means an offense so designated by law or punishable by fine, by confinement in jail, or by both fine and confinement in jail. See Texas Penal Code 1.07
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Owner: means a person who:
    (A) has title to the property, possession of the property, whether lawful or not, or a greater right to possession of the property than the actor; or
    (B) is a holder in due course of a negotiable instrument. See Texas Penal Code 1.07
  • Peace officer: means a person elected, employed, or appointed as a peace officer under Article Texas Penal Code 1.07
  • Penal institution: means a place designated by law for confinement of persons arrested for, charged with, or convicted of an offense. See Texas Penal Code 1.07
  • Person: includes a natural person and a corporation. See Texas Estates Code 22.027
  • Person: means an individual or a corporation, association, limited liability company, or other entity or organization governed by the Business Organizations Code. See Texas Penal Code 1.07
  • person interested: means :
    (1) an heir, devisee, spouse, creditor, or any other having a property right in or claim against an estate being administered; and
    (2) anyone interested in the welfare of an incapacitated person, including a minor. See Texas Estates Code 22.018
  • personal representative: include :
    (1) an executor and independent executor;
    (2) an administrator, independent administrator, and temporary administrator; and
    (3) a successor to an executor or administrator listed in Subdivision (1) or (2). See Texas Estates Code 22.031
  • Population: means the population shown by the most recent federal decennial census. See Texas Government Code 311.005
  • Possession: means actual care, custody, control, or management. See Texas Penal Code 1.07
  • Property: means real and personal property. See Texas Government Code 311.005
  • Public place: means any place to which the public or a substantial group of the public has access and includes, but is not limited to, streets, highways, and the common areas of schools, hospitals, apartment houses, office buildings, transport facilities, and shops. See Texas Penal Code 1.07
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • Serious bodily injury: means bodily injury that creates a substantial risk of death or that causes death, serious permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ. See Texas Penal Code 1.07
  • Signed: includes any symbol executed or adopted by a person with present intention to authenticate a writing. See Texas Government Code 311.005
  • United States: includes a department, bureau, or other agency of the United States of America. See Texas Government Code 311.005
  • Written: includes any representation of words, letters, symbols, or figures. See Texas Government Code 311.005
  • Year: means 12 consecutive months. See Texas Government Code 311.005