Texas Senate Bill SB1868

Texas 2009 - 81st Regular

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.