Texas Property Code 64.052 – Recordation and Perfection of Security Interest in Rents; Priority of Interests in Rents
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(a) A security instrument creating an assignment of rents may be recorded in the county in which any part of the real property is located in accordance with this code.
(b) On recordation of a security instrument creating an assignment of rents, the security interest in the rents is perfected. This subsection prevails over a conflicting provision in the security instrument creating the assignment of rents or a law of this state other than this chapter that prohibits or defers enforcement of the security interest until the occurrence of a subsequent event, including a subsequent default of the assignor, the assignee’s obtaining possession of the real property, or the appointment of a receiver.
Terms Used In Texas Property Code 64.052
- 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
- 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.
(c) Except as provided by Subsection (d), a perfected security interest in rents has priority over the rights of a person who, after the security interest is perfected, acquires:
(1) a lien on or other security interest in the rents or the real property from which the rents arise; or
(2) an interest in the rents or the real property from which the rents arise.
(d) An assignee with a perfected security interest in rents has the same priority over the rights of a person described by Subsection (c) with respect to future advances as the assignee has with respect to the assignee’s security interest in the real property from which the rents arise.