Bill Text: TX HB2794 | 2013-2014 | 83rd Legislature | Introduced
Bill Title: Relating to the notice and time for cure that must be provided to certain debtors before foreclosure of a contract lien.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2013-04-08 - Withdrawn from schedule [HB2794 Detail]
Download: Texas-2013-HB2794-Introduced.html
By: Raymond | H.B. No. 2794 |
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relating to the notice and time for cure that must be provided to | ||
certain debtors before foreclosure of a contract lien. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 51.002(d), Property Code, is amended to | ||
read as follows: | ||
(d) Notwithstanding any agreement to the contrary, the | ||
mortgage servicer of the debt shall serve a debtor in default under | ||
a deed of trust or other contract lien on real property used as the | ||
debtor's residence with written notice by certified mail stating | ||
that the debtor is in default under the deed of trust or other | ||
contract lien and giving the debtor at least 60 [ |
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the default before notice of sale can be given under Subsection (b). | ||
The entire calendar day on which the notice required by this | ||
subsection is given, regardless of the time of day at which the | ||
notice is given, is included in computing the 60-day [ |
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notice period required by this subsection, and the entire calendar | ||
day on which notice of sale is given under Subsection (b) is | ||
excluded in computing the 60-day [ |
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SECTION 2. The change in law made by this Act applies only | ||
to a default that occurs on or after the effective date of this Act. | ||
A default that occurs before the effective date of this Act is | ||
governed by the law in effect immediately before the effective date | ||
of this Act, and that law is continued in effect for that purpose. | ||
SECTION 3. This Act takes effect September 1, 2013. |