§ 64.051 Security Instrument Creates Assignment of Rents; Assignment of Rents Creates Security Interest
§ 64.052 Recordation and Perfection of Security Interest in Rents; Priority of Interests in Rents
§ 64.053 Enforcement of Security Interest in Rents Generally
§ 64.054 Enforcement by Notice to Assignor
§ 64.055 Enforcement by Notice to Tenant
§ 64.056 Form of Notice to Tenant
§ 64.057 Effect of Enforcement
§ 64.058 Application of Proceeds Generally
§ 64.059 Application of Proceeds to Expenses of Protecting Real Property; Claims and Defenses of Tenant
§ 64.060 Turnover of Rents; Liability of Assignor
§ 64.061 Attachment, Perfection, and Priority of Assignee’s Security Interest in Proceeds
§ 64.062 Priority Subject to Subordination
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Terms Used In Texas Property Code Chapter 64 > Subchapter B - Assignment of Rents

  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • 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
  • 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.
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Mortgagee: The person to whom property is mortgaged and who has loaned the money.
  • 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.
  • 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.
  • Signed: includes any symbol executed or adopted by a person with present intention to authenticate a writing. See Texas Government Code 311.005
  • Uniform Commercial Code: A set of statutes enacted by the various states to provide consistency among the states' commercial laws. It includes negotiable instruments, sales, stock transfers, trust and warehouse receipts, and bills of lading. Source: OCC