Texas 2009 - 81st Regular

Texas House Bill HB3083

Filed
 
Out of Senate Committee
 
Voted on by Senate
 
Governor Action
 
Bill Becomes Law
 

Caption

Relating to notice of dragnet clauses in deeds of trust.

Impact

Upon enactment, HB3083 will effectively modify Chapter 8 of the Business and Commerce Code by introducing Chapter 262, which specifically addresses the notice requirements related to dragnet clauses. This bill will ensure that individuals entering into obligations related to a deed of trust are adequately informed about their potential liabilities, thus promoting fair lending practices in the state. It underscores the importance of lender transparency, which proponents believe would foster trust in mortgage agreements.

Summary

House Bill 3083 aims to enhance transparency regarding dragnet clauses in deeds of trust by mandating that mortgagees provide written notice to certain third parties. Specifically, if an individual becomes obligated as a debtor or guarantor after a loan has been closed, the mortgagee must inform them about any provisions that could lead to the deed of trust securing debts incurred either before or after the deed's execution. This requirement is intended to protect individuals from unforeseen financial responsibilities associated with existing loans.

Contention

While the bill is poised to improve borrower awareness and potentially reduce disputes related to under-communicated liabilities, there may be concerns from lenders regarding the added administrative burden imposed by these notification requirements. Critics could argue that increasing disclosure requirements may complicate the lending process and slow down transactions. Nonetheless, the overarching goal of protecting consumers through greater transparency is likely to be a focal point of support for this legislative initiative.

Companion Bills

No companion bills found.

Previously Filed As

TX HB4376

Relating to self-settled asset protection trusts.

TX SB2317

Relating to self-settled asset protection trusts.

TX HB5011

Relating to amendments to the Uniform Commercial Code, including amendments concerning certain intangible assets and the perfection of security interests in those assets.

TX SB2075

Relating to amendments to the Uniform Commercial Code, including amendments concerning certain intangible assets and the perfection of security interests in those assets.

TX HJR29

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

TX HB219

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

TX HB2196

Relating to trusts.

TX SB1649

Relating to trusts.

TX SB2070

Relating to the funding of projects by the Public Utility Commission of Texas to promote the reliability and resiliency of the power grid in this state; authorizing the issuance of revenue bonds.

TX HB962

Relating to the inclusion of certain information about classroom and student expenditures in the notice of the budget and proposed tax rate meeting of the board of trustees of a school district.

Similar Bills

CA SB1260

State summary criminal history information.

CA SB62

Employment: garment manufacturing.

CA SB1399

Employment: garment manufacturing.

TX HB534

Relating to the liability of certain guarantors under a residential lease.

ME LD953

An Act to Protect Maine Patients Regarding Hospital Price Transparency

HI SB953

Relating To Hospitals.

OK HB1890

Medical price transparency; penalties; allocation of penalties; health care facility price transparency; penalties; allocation of penalties; effective date.

OK HB1890

Medical price transparency; penalties; allocation of penalties; health care facility price transparency; penalties; allocation of penalties; effective date.