Sec. 379D.015. EFFECT OF SALE TO LAND BANK OR SUBSEQUENT PURCHASERS OR LENDERS FOR VALUE; LIMITATION ON CERTAIN CAUSES OF ACTION. After the first anniversary of a sale of property to a land bank under this chapter:
(1) a third party, other than a qualified participating developer or eligible adjacent property owner who purchased the property from the land bank under this chapter or a person with a cause of action based on a right, title, interest, or other claim described by Subdivision (2)(A)(ii), may not bring a cause of action to set aside or otherwise challenge the sale of the property to the land bank, including a cause of action that is brought against:
(A) a qualified participating developer or eligible adjacent property owner who purchases property from the land bank under Section 379D.009 or 379D.011, as applicable; or
(B) any other subsequent purchaser for value or lender for value; and
(2) a qualified participating developer or eligible adjacent property owner who purchases property from a land bank under this chapter or any other subsequent purchaser for value or, if applicable, a lender for a developer, owner, or purchaser described by this subdivision or any other subsequent lender for value:
(A) has, with the following characteristics, a full title to the property:
(i) except as provided by Subparagraph (ii), the title is not subject to any right, title, interest, or other claim a person acquired in the property before or after the sale of the property to the land bank, including a right of first refusal, right of second refusal, and any other right, title, interest, or other claim provided by this chapter, other than the right of reverter provided by Section 379D.009(d); and
(ii) the title is subject only to:
(a) the recorded restrictive covenants, liens, and valid easements of record described by Section 34.01(n), Tax Code;
(b) any rights of redemption applicable to the property;
(c) any cause of action to impeach the property deed based on a claim of fraud;
(d) the right of reverter provided by Section 379D.009(d) and the recorded deed restrictions described by Section 379D.010; and
(e) any right, title, interest, or other claim with respect to the property that arose after the sale of the property to the land bank under a law other than this chapter; and
(B) may conclusively presume that:
(i) the sale of the property to the land bank under this chapter was valid; and
(ii) a mortgage on or a subsequent sale of the property complies with this chapter and is subject only to a right, title, interest, or other claim provided by Paragraph (A)(ii).
Added by Acts 2007, 80th Leg., R.S., Ch. 1034 (H.B. 1742), Sec. 11, eff. September 1, 2007.
Added by Acts 2007, 80th Leg., R.S., Ch. 1341 (S.B. 1908), Sec. 32, eff. September 1, 2007.
Section: Previous 379D.001 379D.002 379D.003 379D.004 379D.005 379D.006 379D.007 379D.008 379D.009 379D.010 379D.011 379D.012 379D.013 379D.014Last modified: September 28, 2016