Untitled Texas Attorney General Opinion

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 V.T.C.S. art. 5448 (repealed).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