Texas 2011 - 82nd Regular

Texas House Bill HB558

Filed
 
Introduced
1/7/11  
Out of House Committee
4/1/11  
Voted on by House
4/14/11  
Refer
2/18/11  
Out of Senate Committee
4/26/11  
Report Pass
3/30/11  
Voted on by Senate
5/5/11  
Engrossed
4/14/11  
Governor Action
5/17/11  
Refer
4/20/11  
Bill Becomes Law
 
Report Pass
4/26/11  
Enrolled
5/6/11  
Enrolled
5/6/11  
Passed
5/17/11  

Caption

Relating to payoff statements provided in connection with certain home loans.

Impact

The implications of HB 558 are significant for mortgage servicers and borrowers alike. By setting a standard for how payoff statements are managed and communicated, the bill is expected to enhance transparency in the mortgage process. This could potentially reduce the risk of errors that can lead to financial disputes between mortgage servicers and borrowers. Additionally, the bill aims to facilitate smoother real estate transactions by ensuring that payoff amounts provided are accurate and consistent with the expectations set by title insurance companies.

Summary

House Bill 558 addresses the regulations surrounding payoff statements provided by mortgage servicers in conjunction with home loans. The bill mandates that the Finance Commission of Texas adopt rules governing the requests made by title insurance companies for payoff information. It establishes a standard form that mortgage servicers must use, ensuring that they deliver the requested payoff statement within a specified timeframe, which is at least seven business days from the date of the request. This is aimed at promoting uniformity and clarity in the transactions involving home loans and related title insurance processes.

Conclusion

Ultimately, HB 558 represents a step towards modernizing the processes involved in mortgage servicing and title insurance. It reflects a legislative effort to create a more consumer-friendly environment in real estate transactions while navigating the complexities of mortgage servicing operations. As the Finance Commission goes about implementing the rules required by this bill, the responses from both mortgage servicers and borrowers will likely shape future discussions in the legislature.

Contention

However, discussions surrounding HB 558 have revealed some contention, particularly concerning the responsibilities imposed on mortgage servicers. Some stakeholders express concern that the requirement for timely and standardized payoff statements could place an additional burden on servicers, especially smaller or less-resourced companies. Critics argue that while the bill aims to protect consumers and streamline processes, it could inadvertently create operational challenges for mortgage servicers, leading to increased costs that may be passed on to borrowers.

Companion Bills

No companion bills found.

Previously Filed As

TX HB219

Relating to the release of a deed of trust or other contract lien securing a home loan after payoff by mortgagor.

TX HJR29

Proposing a constitutional amendment providing that a residence homestead is not subject to seizure or sale for delinquent ad valorem taxes.

TX SB1371

Relating to the regulation of consumer credit transactions and the regulatory authority of the consumer credit commissioner; changing a fee.

TX HJR20

Proposing a constitutional amendment authorizing the legislature to provide for exceptions to the requirement that a home equity loan be closed only at the office of the lender, an attorney at law, or a title company.

TX HB3275

Relating to the regulation of consumer credit transactions and the regulatory authority of the consumer credit commissioner; changing a fee.

TX HB264

Relating to requirements for the physical presence of a borrower for signing certain documents related to a home equity loan.

TX HJR124

Proposing a constitutional amendment to remove the requirement that a home equity loan be closed only at the office of the lender, an attorney at law, or a title company.

TX SB1457

Relating to guardianships and the delivery of certain notices or other communications in connection with guardianship proceedings.

TX SB1373

Relating to decedents' estates and the delivery of certain notices or other communications in connection with those estates or multiple-party accounts.

TX HB3184

Relating to guardianships and the delivery of certain notices or other communications in connection with guardianship proceedings.

Similar Bills

AZ HB2534

Mortgaged property; tax statements; email

CT HB06370

An Act Prohibiting Certain Mortgage Lenders From Charging Fees To Borrowers After Receiving A Payment To Reinstate The Mortgage.

CT HB05423

An Act Prohibiting Certain Mortgage Lenders From Charging Certain Fees To Borrowers After Receiving A Payment To Reinstate A Mortgage.

CT SB00810

An Act Prohibiting Certain Mortgage Lenders From Charging Fees To Borrowers After Receiving A Payment To Reinstate The Mortgage.

CT HB05215

An Act Concerning Mortgage Releases And Requiring Mortgagees To Accept Certain Forms Of Payment.

CT HB06680

An Act Concerning Mortgage Releases And Requiring Mortgagees To Accept Certain Forms Of Payment.

TX HB4397

Relating to payoff statements provided in connection with certain home loans.

OK HB4151

Insurance; mortgage; release of mortgage affidavit; fee; effective date.