LEGISLATIVE BUDGET BOARD Austin, Texas FISCAL NOTE, 81ST LEGISLATIVE REGULAR SESSION May 5, 2009 TO: Honorable Joe Deshotel, Chair, House Committee on Business & Industry FROM: John S. O'Brien, Director, Legislative Budget Board IN RE:SB472 by Estes (Relating to notice required before and period to vacate after foreclosure sale of real property.), As Engrossed No significant fiscal implication to the State is anticipated. The bill would amend the Property Code so that the purchaser of foreclosed property would need to deliver a notice to vacate to the tenant of the property no later than 24 hours after the sale. The contents of the notice would be prescribed by the Office of Attorney General (OAG). The bill would also amend the 20-day period a debtor has to cure a default on a mortgage to 45-days with additional general requirements for the right to cure before a notice of sale is given. The notice of sale would be prescribed by the OAG. The mortgage servicer would need to make a reasonable effort in contacting the debtor after the notice of sale. The bill would establish the time under which a debtor or tenant of a debtor has to vacate a sold foreclosed property. Based on the analysis of the OAG, the Department of Savings and Mortgage Lending, the Office of Consumer Credit, and the Department of Banking, duties and responsibilities associated with implementing the provisions of the bill could be accomplished by utilizing existing resources. Local Government Impact No fiscal implication to units of local government is anticipated. Source Agencies:302 Office of the Attorney General, 450 Department of Savings and Mortgage Lending, 451 Department of Banking, 466 Office of Consumer Credit Commissioner LBB Staff: JOB, JRO, MW, ACa
LEGISLATIVE BUDGET BOARD
Austin, Texas
FISCAL NOTE, 81ST LEGISLATIVE REGULAR SESSION
May 5, 2009
TO: Honorable Joe Deshotel, Chair, House Committee on Business & Industry FROM: John S. O'Brien, Director, Legislative Budget Board IN RE:SB472 by Estes (Relating to notice required before and period to vacate after foreclosure sale of real property.), As Engrossed
TO: Honorable Joe Deshotel, Chair, House Committee on Business & Industry
FROM: John S. O'Brien, Director, Legislative Budget Board
IN RE: SB472 by Estes (Relating to notice required before and period to vacate after foreclosure sale of real property.), As Engrossed
Honorable Joe Deshotel, Chair, House Committee on Business & Industry
Honorable Joe Deshotel, Chair, House Committee on Business & Industry
John S. O'Brien, Director, Legislative Budget Board
John S. O'Brien, Director, Legislative Budget Board
SB472 by Estes (Relating to notice required before and period to vacate after foreclosure sale of real property.), As Engrossed
SB472 by Estes (Relating to notice required before and period to vacate after foreclosure sale of real property.), As Engrossed
No significant fiscal implication to the State is anticipated.
No significant fiscal implication to the State is anticipated.
The bill would amend the Property Code so that the purchaser of foreclosed property would need to deliver a notice to vacate to the tenant of the property no later than 24 hours after the sale. The contents of the notice would be prescribed by the Office of Attorney General (OAG). The bill would also amend the 20-day period a debtor has to cure a default on a mortgage to 45-days with additional general requirements for the right to cure before a notice of sale is given. The notice of sale would be prescribed by the OAG. The mortgage servicer would need to make a reasonable effort in contacting the debtor after the notice of sale. The bill would establish the time under which a debtor or tenant of a debtor has to vacate a sold foreclosed property. Based on the analysis of the OAG, the Department of Savings and Mortgage Lending, the Office of Consumer Credit, and the Department of Banking, duties and responsibilities associated with implementing the provisions of the bill could be accomplished by utilizing existing resources.
The bill would amend the Property Code so that the purchaser of foreclosed property would need to deliver a notice to vacate to the tenant of the property no later than 24 hours after the sale. The contents of the notice would be prescribed by the Office of Attorney General (OAG).
The bill would also amend the 20-day period a debtor has to cure a default on a mortgage to 45-days with additional general requirements for the right to cure before a notice of sale is given. The notice of sale would be prescribed by the OAG. The mortgage servicer would need to make a reasonable effort in contacting the debtor after the notice of sale. The bill would establish the time under which a debtor or tenant of a debtor has to vacate a sold foreclosed property.
Based on the analysis of the OAG, the Department of Savings and Mortgage Lending, the Office of Consumer Credit, and the Department of Banking, duties and responsibilities associated with implementing the provisions of the bill could be accomplished by utilizing existing resources.
Local Government Impact
No fiscal implication to units of local government is anticipated.
Source Agencies: 302 Office of the Attorney General, 450 Department of Savings and Mortgage Lending, 451 Department of Banking, 466 Office of Consumer Credit Commissioner
302 Office of the Attorney General, 450 Department of Savings and Mortgage Lending, 451 Department of Banking, 466 Office of Consumer Credit Commissioner
LBB Staff: JOB, JRO, MW, ACa
JOB, JRO, MW, ACa