satisfied and neither renders the conditional clause meaningless. However, an original party’s assignment of an interest in the property presents a different situation because the original party may remain available to correct a material mistake in the original conveyance. Certainly, the existence of a subsequently acquired interest in the original conveyance is a common thread among these alternatives, but only in the instance of an assignment does a choice arise. Assuming that the statute requires that a choice be made, what in the statute’s text makes the assign the prevailing choice? III. The text of 5.029 merely provides that “the parties to the original transaction or the parties’ heirs, successors, or assigns, as applicable may execute a correction instrument to make a material correction” and that the correction instrument “must be executed by [the original parties] or, if applicable, a party’s heirs, successors, or assigns.” TEX. PROP. CODE § 5.029(a), (b)(1). Nothing in this text indicates
that an assign must assent to a correction instrument when each party to the original conveyance is available to correct their mistake by executing a correction instrument. Rather, when read along with the disjunctive “or,” “if applicable” simply emphasizes that the phrase “party’s heirs, successors, or assigns” may be relevant when the original party is unavailable and, in that case, may serve as a substitute. See id. Accordingly, section 5.029 is satisfied when all the original parties agree to sign the correction instrument. Because this section provides for unanimous agreement among the parties to an original conveyance as a means to correct a material error and does not otherwise provide that the existence of an assign must supersede or replace that method, we conclude that the court of appeals erred in holding that the statute requires the joinder of assigns to validate the correction instrument.” Broadway National Bank, Bank of the Mary Frances Evers Trust et al., v. Yates Energy Corporation et al ., 631 S.W.3d 16, 25 (Tex.2021).
EXHIBIT “B” CHANGE IN TITLE EXAMINATION PROCEDURES BASED ON THE BROADWAY CASE
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G rowth T hrough E ducat i on - J uly / A ugus t / S ept ember 2022
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