Texas Property Code 62.122 – Bond Requirements
Terms Used In Texas Property Code 62.122
- Lien: A claim against real or personal property in satisfaction of a debt.
- Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
The bond must:
(1) describe the commercial real estate on which the lien is claimed;
(2) refer to the lien claimed in a manner sufficient to identify it;
(3) be in an amount that is double the amount of the lien referred to in the bond as of the date of execution of the bond by the surety, unless the total amount claimed in the lien exceeds $40,000, in which case the bond must be in an amount that is 1-1/2 times the amount of the lien;
(4) be payable to the party claiming the lien;
(5) be executed by:
(A) the party filing the bond as principal; and
(B) a corporate surety licensed by this state to execute the bond as surety;
(6) be conditioned substantially that the principal and sureties will pay the named obligees or their assignees the amount that the named obligees would have been entitled to recover if their claim had been proved to be valid and enforceable liens on the commercial real estate; and
(7) identify the last known mailing address of the person claiming the lien.