Texas 2009 - 81st Regular

Texas Senate Bill SB1868

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

Caption

Relating to the regulation of certain residential mortgage foreclosure consulting services; providing a criminal penalty.

Impact

By implementing these regulations, SB1868 seeks to protect homeowners from potential scams and misleading practices by foreclosure consultants. It establishes a framework that mandates transparency in contractual agreements, requiring consultants to provide written notifications before engaging in services. This law is designed to reduce the risk of homeowners falling victim to fraudulent operations capitalizing on their desperate situations during financial hardship.

Summary

SB1868 introduces regulations for residential mortgage foreclosure consulting services, defined as services aimed at preventing or postponing foreclosure proceedings on residential property. The bill sets forth clear definitions and parameters for who qualifies as a foreclosure consultant and outlines the processes they must adhere to when engaging with homeowners. The intended purpose is to create a more secure environment for homeowners who may be vulnerable to predatory practices during foreclosure processes.

Contention

Despite its protective measures, there may be some contention surrounding the applicability of this regulation. Exemptions listed in the bill for licensed professionals such as attorneys, mortgage brokers, and real estate agents could lead critics to argue that the bill may allow loopholes for exploitation. Moreover, some industry stakeholders might be concerned about the potential administrative burden the regulations could impose on legitimate consulting entities who aim to assist homeowners in distress.

Companion Bills

No companion bills found.

Previously Filed As

TX SB895

Relating to the regulation of money services businesses; creating a criminal offense; creating administrative penalties; authorizing the imposition of a fee.

TX SB2245

Relating to the regulation of earned wage access services; creating a criminal offense; providing an administrative penalty; authorizing a fee.

TX HB1402

Relating to the criminal penalties for certain criminal offenses.

TX SB864

Relating to certain seller's disclosures for the sale of residential real property.

TX HJR29

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

TX HB2324

Relating to the regulation of certain health professionals and health facilities; providing civil and administrative penalties; creating a criminal offense.

TX HB4635

Relating to organized crime, racketeering activities, and collection of unlawful debts; providing a civil penalty; creating criminal offenses.

TX SB1788

Relating to organized crime, racketeering activities, and collection of unlawful debts; providing a civil penalty; creating criminal offenses.

TX HB1942

Relating to the regulation of sports wagering; requiring occupational permits; authorizing fees; imposing a tax; decriminalizing wagering on certain sports events; creating criminal offenses; providing administrative penalties.

TX SB715

Relating to the regulation of sports wagering; requiring occupational permits; authorizing fees; imposing a tax; decriminalizing wagering on certain sports events; creating criminal offenses; providing administrative penalties.

Similar Bills

TX HB2684

Relating to the foreclosure process; creating an offense; providing penalties.

TX SB767

Relating to the regulation of certain residential mortgage foreclosure consulting services; providing a criminal penalty.

TX SB354

Relating to transactions involving residential mortgage foreclosures; providing a penalty.

NJ A1167

Revises residential property mortgage foreclosure process.

NJ A5595

Expands certain State programmatic interventions related to residential foreclosures.

NJ S4026

Expands certain State programmatic interventions related to residential foreclosures.

CA SB1447

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

CA AB1424

Corrections.