PROPERTY CODE

CHAPTER 13. EFFECTS OF RECORDING


	§ 13.001.  VALIDITY OF UNRECORDED INSTRUMENT.  (a)  A 
conveyance of real property or an interest in real property or a 
mortgage or deed of trust is void as to a creditor or to a subsequent 
purchaser for a valuable consideration without notice unless the 
instrument has been acknowledged, sworn to, or proved and filed for 
record as required by law.
	(b)  The unrecorded instrument is binding on a party to the 
instrument, on the party's heirs, and on a subsequent purchaser who 
does not pay a valuable consideration or who has notice of the 
instrument.
	(c)  This section does not apply to a financing statement, a 
security agreement filed as a financing statement, or a 
continuation statement filed for record under the Business &
Commerce Code.

Acts 1983, 68th Leg., p. 3495, ch. 576, § 1, eff. Jan. 1, 1984.  
Amended by Acts 1989, 71st Leg., ch. 162, § 4, eff. Sept. 1, 
1989.


	§ 13.002.  EFFECT OF RECORDED INSTRUMENT.  An instrument 
that is properly recorded in the proper county is:
		(1)  notice to all persons of the existence of the 
instrument;  and         
		(2)  subject to inspection by the public.                                     

Acts 1983, 68th Leg., p. 3495, ch. 576, § 1, eff. Jan. 1, 1984.  
Amended by Acts 2003, 78th Leg., ch. 715, § 2, eff. Sept. 1, 
2003;  Acts 2003, 78th Leg., ch. 960, § 2, eff. Sept. 1, 2003.


	§ 13.003.  INSTRUMENTS PREVIOUSLY RECORDED IN OTHER 
COUNTIES.  The original or a certified copy of a conveyance, 
covenant, agreement, deed of trust, or mortgage, relating to land, 
that has been recorded in a county of this state other than the 
county where the land to which the instrument relates is located, is 
valid as to a creditor or a subsequent purchaser who has paid a 
valuable consideration and who does not have notice of the 
instrument only after it is recorded in the county in which the land 
is located.  Recording a previously recorded instrument in the 
proper county does not validate an invalid instrument.

Acts 1983, 68th Leg., p. 3496, ch. 576, § 1, eff. Jan. 1, 1984.            


	§ 13.004.  EFFECT OF RECORDING LIS PENDENS.  (a)  A 
recorded lis pendens is notice to the world of its contents.  The 
notice is effective from the time it is filed for record, regardless 
of whether service has been made on the parties to the proceeding.
	(b)  A transfer or encumbrance of real property involved in a 
proceeding by a party to the proceeding to a third party who has 
paid a valuable consideration and who does not have actual or 
constructive notice of the proceeding is effective, even though the 
judgment is against the party transferring or encumbering the 
property, unless a notice of the pendency of the proceeding has been 
recorded under that party's name in each county in which the 
property is located.

Acts 1983, 68th Leg., p. 3496, ch. 576, § 1, eff. Jan. 1, 1984.            


	§ 13.005.  EFFECT OF RECORDING JUDGMENT OF JUSTICE 
COURT.  A certified transcript of a justice court judgment recorded 
under Section 12.015 of this code has the same effect as a recorded 
deed.  A court shall admit as evidence the transcript or a copy of 
the transcript, if the copy is certified with the signature and seal 
of the clerk of the county in which the transcript is recorded, in 
the same manner and with the same effect as the original judgment 
and execution.

Acts 1983, 68th Leg., p. 3496, ch. 576, § 1, eff. Jan. 1, 1984.