Texas 2009 - 81st Regular

Texas Senate Bill SB1935

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

Caption

Relating to the filing of an action in connection with foreclosure of a lien on residential real property.

Impact

The bill's provisions will alter the existing legal landscape for homeowners facing foreclosure in Texas. By permitting legal action to be initiated regardless of typical limitations, the bill addresses potential unjust circumstances surrounding foreclosure sales. This could lead to increased protections for homeowners, offering them a chance to resolve disputes stemming from foreclosure processes that previously might have been considered settled due to statutory deadlines.

Summary

Senate Bill 1935 seeks to introduce a provision within the Texas Property Code regarding the filing of legal actions associated with the foreclosure of liens on residential real property. Specifically, it allows homeowners who are subject to a contract lien to file an action against the lienholder if they have received a notice of sale or if a foreclosure sale has occurred. This legislative change is intended to provide homeowners with a clear path to contest or address grievances related to their lienholder, potentially enhancing the rights of property owners in foreclosure proceedings.

Contention

Notably, the legislation reflects broader discussions surrounding property rights and lender accountability in Texas. Advocates for the bill may argue it empowers homeowners and promotes fairness in the foreclosure process. However, opposing views might express concern that increased litigation avenues could create barriers or uncertainties for lienholders, potentially leading to prolonged foreclosure processes. Thus, while there is potential for enhancing homeowner protections, there remains needed discourse on striking an appropriate balance between borrower rights and lender legalities.

Companion Bills

TX HB1760

Identical Relating to the filing of an action in connection with foreclosure of a lien on residential real property.

Previously Filed As

TX SB59

Relating to notice of water and wastewater requirements for the foreclosure sale of residential properties by certain political subdivisions.

TX HB2571

Relating to notice of water and wastewater requirements for the foreclosure sale of residential properties by certain political subdivisions.

TX HB1257

Relating to a seller's notice of special district ad valorem taxes or assessments on newly constructed residential real properties.

TX HB1566

Relating to the ad valorem taxation of residential real property.

TX HB178

Relating to verification of identity and employment authorization in connection with certain contracts for or concerning the conveyance of residential real property and residential leases.

TX SB2091

Relating to the authority of a taxing unit to sell certain seized or foreclosed property to an owner of an abutting property without conducting a public sale.

TX SB1768

Relating to the correction or removal of certain obsolete provisions of the Property Code.

TX HB3422

Relating to the correction or removal of certain obsolete provisions of the Property Code.

TX HB2022

Relating to residential construction liability.

TX HB2516

Relating to certain rights and duties of residential tenants and landlords.

Similar Bills

No similar bills found.