Untitled Texas Attorney General Opinion ( 1984 )

The Attorwy General of Texas
N,rrember 2. 1984
JIM MATTOX
Attorney General
Supreme Court Building Eonorable James W. Smith. Jr. Opinion No. JM-224
P. 0. BOX 1254a Prio County Attorney
Austin, TX. 78711. 2548 P. 0. Box V Be: Whether section 52.004 of
5121475-2501 Pearsall, Texas 7 3061 the Property Code dispenses with
Telex 9101874-1367
Telecopier 5121475.0266
the requirement of article 5448.
V.T.C.S., that each county clerk
shall keep a separate judgment
714 Jackson, Suite 700 record and shall immediately file
Dallas. TX. 75202-4506
and record all properly authenti-
2141742.8944
cated abstracts of judgment
4824 AlbeRa Ave.. Suite 164 Dear Mr. Smith:
El Paso. TX. 799052793
9 1515353484
You have asked whether a county clerk is still required to
maintain a separate judgment records index for recording abstracts of
1 Texas. Suite 700 judgment which establish a judgment lien. You have stated that it is
I .s,us,on. TX. 77002.3111 the practice in ona! county not to maintain separate judgment records
71312255886 but to record judga:ent abstracts in the real property records of that
county. You ask wh#sther a judgment lien will be established if the
abstract of judgment is filed in the real property records.
808 Broadway, Suite 312
Lubbock. TX. 79401-3479
60w747.5238 It is our opinion that, under the newly enacted Property Code,
the county clerk is required to maintain a separate set of judgment
records, with the appropriate indexing, for the recording of all
4309 N. Tenth, Suite S
abstracts of judgment which nay be filed in his office.
McAllen. TX. 78501.16R5
5121682.4547
Before the enactment of the Property Code, the county clerk was
required by statute to keep a "well bound book" for the filing of
200 Main Plaza. Suite 03
abstracts of judgmsent. V.T.C.S. art. 5448 (repealed). The new
San Antonio. TX. 78205-2797
512l225.4191
provision in the Prlaperty Code does not require a separate book but
requires only that the clerk file an abstract of judgment in the
"county judgment records," which may be a separate book as required by
An Equal Opportunilyl article 6601, V.T,C.S., or in the real property records, if the
Affirmative Action EPplovC- provisions of article 1941(a) have been adopted.
With regard to the recording and indexing of abstracts, section
52.004 of the Property Code provides:
(a) 'Ihe county clerk shall immediately record
in the county judgment records each properly
authenticated abstract of judgment that is
p. 1004
Honorable James U. Smith, Jr. - Page 2 (JIG224)
presented for recording. The clerk shall note in
the records the date and hour an abstract of
judgment is received.
(b) At the sane time an abstract is recorded,
the county clerk :rhall .enter the abstract on the
alphabetical index to the judgment records,
showing:
(1) the na~ne of each plaintiff In the
judgment ;
(2) the nana of each defendant in the
judgment; and
(3) the nunber of the page in the records
in which the abstract is recorded.
(c) The clerk shall leave a space at the foot
of each recorded abstract for the entry of credits
on or satisfactior of the judgment and shall make
those entries when credits are properly shown.
Article 6601. V.T.C.S., provi,des:
All deeds of trust. mortgages or judgments
which are requirEEd to be recorded in order to
create a judgment lien, or other instruments of
writing intended to create a lien, shall be
recorded in a --book or books separate from those in
which deeds or other conveyances are recorded.
(Emphasis added). -
Thus, except where superseded by article 1941(a), article 6601
requires abstracts of judgment to be recorded separately from the real
property records.
Article 1941(a) permits, a county clerk in his sole discretion to
adopt a microfilm process for the filing and recording of all
instruments within his office and repeals conflicting laws. The legal
documents are classified into seven categories, and a separate
microfilm reccrd is requiremi for each of these categories. V.T.C.S.
art. 1941(a), P2. One of these categories is “official public records
of real property,” which includes deeds and other real property
transactions. As a result, we believe that a county clerk is
authorized to file an abstra,ct of judgment in microfilm form. Thus,
we conclude that an abstraczt of judgment is required to be recorded
and filed in a book separa’te from real property records unless a
p. 1005
Honorable James W. Smith, Jr. - Page 3 (JM-224)
microfilm method of recordation is in effect pursuant to article
i941(a), V.T.C.S.
SUMMARY
An abstract t#f judgment is required to be
recorded and filed1 in a book separate from real
property records unless a microfilm method of
recordation is :Ln effect pursuant to article
1941(a), V.T.C.S..
JIM HATTOX
Attorney General of Texas
TOM GREEN
First Assistant Attorney Gealaral
DAVID R. RICHARDS
Executive Assistant Attorney General
RICK GILPIN
Chairman, Opinion Committee
Prepared by Rick Gilpin
Assistant Attorney General
APPROVED:
OPINION COMMITTEE
Rick Gilpin. Chairman
Colin Carl
Susan Garrison
Tony Guillory
Jim Moellinger
Nancy Sutton
p. 1006