Bill Text: TX HB3593 | 2011-2012 | 82nd Legislature | Comm Sub
Bill Title: Relating to providing notice of foreclosure to certain lienholders.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2011-05-12 - Placed on General State Calendar [HB3593 Detail]
Download: Texas-2011-HB3593-Comm_Sub.html
82R22156 PMO-D | |||
By: Smith of Harris | H.B. No. 3593 | ||
Substitute the following for H.B. No. 3593: | |||
By: Miller of Erath | C.S.H.B. No. 3593 |
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relating to providing notice of foreclosure to certain lienholders. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 51.0001(a), Property Code, is amended by | ||
adding Subdivision (9) to read as follows: | ||
(9) "Verified mail" means any method of mailing that | ||
provides evidence of mailing. | ||
SECTION 2. Sections 51.002(b), (d), and (e), 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 verified | ||
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mortgage servicer of the debt, is obligated to pay the debt. | ||
(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 verified [ |
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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 mortgage servicer shall serve, by verified mail, a copy of the | ||
notice sent to the debtor on any other mortgagee not represented by | ||
the mortgage servicer. 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 verified | ||
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the United States Postal Service or a common carrier [ |
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postage or shipping charges prepaid, and addressed to the debtor at | ||
the debtor's last known address or to a mortgagee under Subsection | ||
(d) at the mortgagee's last known address as reflected in the real | ||
property records in the county in which the property is located. | ||
The affidavit of a person knowledgeable of the facts to the effect | ||
that service was completed is prima facie evidence of service. | ||
SECTION 3. The changes in law made by this Act apply only to | ||
a notice required to be provided on or after September 1, 2011. A | ||
notice required to be provided before September 1, 2011, is | ||
governed by the law in effect immediately before that date, and that | ||
law is continued in effect for that purpose. | ||
SECTION 4. This Act takes effect September 1, 2011. |