Texas 2009 - 81st Regular

Texas House Bill HB1471

Filed
 
Out of House Committee
4/9/09  
Voted on by Senate
 
Governor Action
 
Bill Becomes Law
 

Caption

Relating to foreclosure sales of residential real property.

Impact

This legislation seeks to provide greater security for residential tenants in situations where properties are sold due to tax or lien foreclosures. By reducing the potential for immediate evictions following a foreclosure sale and extending the time tenured renters can remain in their homes, the bill aims to stabilize living situations for vulnerable tenants. Moreover, it requires mortgage servicers to notify debtors in default with clear communication, allowing them a designated period to cure the default prior to any foreclosure notice being issued.

Summary

House Bill 1471 aims to amend certain sections of the Texas Property Code concerning the foreclosure sales of residential real property, primarily focusing on the rights of tenants and obligations of landlords and mortgage servicers. The bill mandates that if a property is subject to foreclosure, tenants must be granted a minimum of 90 days' written notice to vacate, should the new purchaser decide not to continue their lease. This provision targets tenants who are current on their rent and not in default under the lease, thereby offering them enhanced protection during the transition of property ownership following a foreclosure sale.

Conclusion

Overall, HB 1471 reflects a more tenant-centric approach to foreclosure regulations in Texas and emphasizes the need for adequate notice and care for residents during property transitions. As discussions continue around its implications, the bill highlights the ongoing debate between property rights and tenant protections within the state's legal framework.

Contention

One of the notable points of contention surrounding HB 1471 lies in its balance between the rights of tenants and the interests of property owners. Some stakeholders argue that extending the notice period for tenants could undermine the ability of property owners and lenders to recover their investments swiftly. Conversely, advocates for tenant rights claim that the bill is essential for protecting individuals facing potential homelessness during financial hardships, ensuring that they have adequate time to transition out of the property rather than facing immediate eviction.

Companion Bills

No companion bills found.

Previously Filed As

TX HB2516

Relating to certain rights and duties of residential tenants and landlords.

TX HB2571

Relating to notice of water and wastewater requirements for the foreclosure sale of residential properties by certain political subdivisions.

TX SB59

Relating to notice of water and wastewater requirements for the foreclosure sale of residential properties by certain political subdivisions.

TX HB673

Relating to notice and opportunity to cure that must be given before filing an eviction suit.

TX HB1257

Relating to a seller's notice of special district ad valorem taxes or assessments on newly constructed residential real properties.

TX HB178

Relating to verification of identity and employment authorization in connection with certain contracts for or concerning the conveyance of residential real property and residential leases.

TX HB1048

Relating to a landlord's notice to residential tenants regarding rent increases.

TX HB511

Relating to the confidentiality of residential eviction case information.

TX SB1822

Relating to the confidentiality of residential eviction case information.

TX HB2022

Relating to residential construction liability.

Similar Bills

NJ S4142

Revises process for property tax lien holder to foreclose right to redeem a property tax lien; allows property owner to protect remaining equity.

NJ A3772

Revises process for property tax lien holder to foreclose right to redeem a property tax lien; allows property owner to protect remaining equity.

NJ S2334

Revises process for property tax lien holder to foreclose right to redeem a property tax lien; allows property owner to protect remaining equity.

CA SB1447

Income tax: sales and use tax: credit: small business.

CT HB06351

An Act Concerning Foreclosure Mediation And Assistance Programs, The Highly Compensated Employee Exemption For Mortgage Loan Originators, General-use Prepaid Cards And Neighborhood Protection.

NJ A5595

Expands certain State programmatic interventions related to residential foreclosures.

NJ S4026

Expands certain State programmatic interventions related to residential foreclosures.

TX SB2121

Relating to the persons entitled to redeem property after the foreclosure of a property owners' association's assessment lien.