United States · Texas statutory limitations
Which maturity and extension facts govern a Texas real-property lien suit?
Section 16.035(a) requires its lien-recovery or foreclosure suit within four years after accrual. Subsection (e) addresses the last maturity for a series or installment obligation. Recorded extensions, acceleration rescission and third-party protections can change the assessment. Filing suit is a different required act from completing a power-of-sale transaction.
- Period
- Four years after the established applicable accrual, with the statutory maturity and extension conditions
- Trigger
- Established accrual, with the actual maturity, installment, extension, acceleration and rescission history
- Rule
- Texas CPRC 16.035(a)
Current official consolidated Chapter 16 text retrieved October 5, 2026
Source guide · No automated date
Establish the complete statutory procedure
The single accrual-date preset cannot establish effective maturity, acceleration, rescission, recorded extensions or protected third-party interests.
Texas CPRC 16.035(a)What lawyers say
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Which events matter for this statutory condition?
Identify the subsection (g) lien and secured note or written obligation.
Establish actual accrual and the subsection (e) maturity date for a series or installment obligation, including any acceleration or rescission.
Obtain signed, acknowledged and recorded extension agreements and assess third-party notice and suspension conditions.
Texas CPRC 16.035(a)How must the complete timing condition be assessed?
- Identify the subsection (g) lien and secured note or written obligation.
- Government Code 311.005(12) defines a year as twelve consecutive months. Section 311.014 supplies statutory computation. Select the actual statutory branch and establish every required event before applying a year count. Determine the actual operative maturity and accrual first. Section 16.036 can preserve the lien for four years after extended maturity when its recording requirements are met.
- The single accrual-date preset cannot establish effective maturity, acceleration, rescission, recorded extensions or protected third-party interests.
Section 16.072 extends its statutory suit-filing period when the last day is a Saturday, Sunday or holiday to the next day county offices are open for business. Establish the actual county calendar. This guide does not determine a court filing hour or automatically apply that treatment to another act.
Texas CPRC 16.035(a)Why does this guide publish no calculated date?
The single accrual-date preset cannot establish effective maturity, acceleration, rescission, recorded extensions or protected third-party interests.
Which conditions or exclusions change the assessment?
- Last note or installment
- Section 16.035(e) states that the period for its series or installment obligation does not begin until maturity of the last note, obligation or installment. Acceleration and rescission must be assessed separately.
- Recorded extension and third parties
- Section 16.036 requires the actual signed, acknowledged and county-recorded extension agreement for its four years after extended maturity. Section 16.037 protects specified third parties without actual notice before acknowledgment, filing and recording.
- Third-party notice
- Section 16.037 makes its extension ineffective against specified third parties dealing without actual notice before acknowledgment, filing and recording.
- Acceleration and rescission
- Section 16.038 addresses a timely rescission or waiver of accelerated maturity through its stated notice and service method. Subsection (e) preserves other methods and subsequent accrual. A demand date alone does not establish effective acceleration or rescission.
- Protected interests and expiration
- Subsections (c) and (d) separately address suspension against the stated unaware third parties and voidness of the lien and power on expiration. Their exceptions must be read.
- Separate commercial-code period
- Subsection (f) says Business and Commerce Code 3.118 does not affect this section’s limitation. This page does not determine a separate note claim.
- This statutory-text review does not decide disputed facts, accrual, title, retrospective application or a court holding.
What evidence should be checked before acting?
Common questions
This statutory procedure
Does every installment’s missed-payment date start this entire lien period?
Subsection (e) specifies last maturity for its series or installment obligation. Establish effective maturity and acceleration separately.
Texas CPRC 16.035(e)Is a private extension agreement automatically enough against every third party?
No. Sections 16.036 and 16.037 require the stated acknowledgment and recording and protect specified third-party interests.
Texas CPRC 16.037Does filing suit mean the power-of-sale act was completed?
No. Subsections (a) and (b) specify different required acts.
Texas CPRC 16.035Official sources and review
Provisions used (10)
| Provision | Purpose |
|---|---|
| Texas CPRC 16.035(a) | The specific actor, required act and timing conditions |
| Texas CPRC 16.035(e) | Last note or installment |
| Texas CPRC 16.036 | Recorded extension and third parties |
| Texas CPRC 16.037 | Third-party notice |
| Texas CPRC 16.038 | Acceleration and rescission |
| Texas CPRC 16.035(c) | Protected interests and expiration |
| Texas CPRC 16.035(f) | Separate commercial-code period |
| Texas Government Code 311.005(12) | The statutory year unit, where applicable |
| Texas Government Code 311.014 | Statutory computation, where applicable |
| Texas CPRC 16.072 | The separate statutory suit-filing closed-day provision |