Bill Text: TX HB3611 | 2015-2016 | 84th Legislature | Introduced
Bill Title: Relating to the notice of default required under a deed of trust or other contract lien on real property.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2015-03-19 - Referred to Business & Industry [HB3611 Detail]
Download: Texas-2015-HB3611-Introduced.html
84R10828 NC-F | ||
By: Krause | H.B. No. 3611 |
|
||
|
||
relating to the notice of default required under a deed of trust or | ||
other contract lien on real property. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Sections 51.002(b), (d), (e), and (i), Property | ||
Code, are amended to read as follows: | ||
(b) Except as provided by Subsection (b-1), notice of the | ||
sale, which must include a statement of the earliest time at which | ||
the sale will begin, must be given at least 21 days before the date | ||
of the sale by: | ||
(1) posting at the courthouse door of each county in | ||
which the property is located a written notice designating the | ||
county in which the property will be sold; | ||
(2) filing in the office of the county clerk of each | ||
county in which the property is located a copy of the notice posted | ||
under Subdivision (1); and | ||
(3) serving written notice of the sale by certified | ||
mail on each: | ||
(A) debtor who, according to the records of the | ||
mortgage servicer of the debt, is obligated to pay the debt; and | ||
(B) owner of record of the property other than | ||
the debtor, according to the records of the mortgage servicer of the | ||
debt. | ||
(d) Notwithstanding any agreement to the contrary, the | ||
mortgage servicer of the debt shall serve each [ |
||
under a deed of trust or other contract lien on real property used | ||
as the debtor's residence and each other owner of record of the | ||
property included in the records of the mortgage servicer of the | ||
debt 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 20 days to cure 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 20-day 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 20-day | ||
notice period. | ||
(e) Service of a notice under this section by certified mail | ||
is complete when the notice is deposited in the United States mail, | ||
postage prepaid and addressed to the debtor at the debtor's last | ||
known address and to each other owner of record at the owner's last | ||
known address. The affidavit of a person knowledgeable of the facts | ||
to the effect that service was completed is prima facie evidence of | ||
service. | ||
(i) Notice served on a debtor or owner of record under this | ||
section must state the name and address of the sender of the notice | ||
and the total amount necessary to cure the default and contain, in | ||
addition to any other statements required under this section, a | ||
statement that is conspicuous, printed in boldface or underlined | ||
type, and substantially similar to the following: "Assert and | ||
protect your rights as a member of the armed forces of the United | ||
States. If you are or your spouse is serving on active military | ||
duty, including active military duty as a member of the Texas | ||
National Guard or the National Guard of another state or as a member | ||
of a reserve component of the armed forces of the United States, | ||
please send written notice of the active duty military service to | ||
the sender of this notice immediately." | ||
SECTION 2. Section 51.0021, Property Code, is amended to | ||
read as follows: | ||
Sec. 51.0021. ADDRESS OF OWNER OF RECORD; NOTICE OF CHANGE | ||
OF ADDRESS REQUIRED. (a) A debtor shall provide the mortgage | ||
servicer the address of each owner of record of the property at the | ||
time the security instrument for the debt is executed. | ||
(b) A debtor shall inform the mortgage servicer of the debt | ||
in a reasonable manner of any change of address of the debtor or | ||
owner of record for purposes of providing notice to the debtor or | ||
owner under Section 51.002. An owner of record may inform the | ||
mortgage servicer of the debt in a reasonable manner of any change | ||
of address of the owner. | ||
(c) For the purposes of providing notice to an owner of | ||
record under Section 51.002, the last known address of the owner is | ||
the address as shown by the records of the mortgage servicer of the | ||
security instrument unless the debtor or owner provided the current | ||
mortgage servicer a written change of address before the date the | ||
mortgage servicer mailed the notice. | ||
SECTION 3. The changes in law made by this Act apply only to | ||
a security instrument executed on or after the effective date of | ||
this Act. A security instrument executed before the effective date | ||
of this Act is governed by the law that applied to the instrument | ||
immediately before that date, and the former law is continued in | ||
effect for that purpose. | ||
SECTION 4. This Act takes effect September 1, 2015. |