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.

Similar Bills

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.

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.

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 S4026

Expands certain State programmatic interventions related to residential foreclosures.

NJ A5595

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.