Texas 2009 - 81st Regular

Texas Senate Bill SB609

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

Caption

Relating to the foreclosure of a contract lien on certain residential real property.

Impact

By establishing these new guidelines, SB609 seeks to bolster consumer protection for homeowners facing foreclosure. The inclusion of a plain-language definition of foreclosure and a warning against potential fraud in foreclosure rescue schemes aims to empower vulnerable homeowners with information and resources. Furthermore, the requirement for mortgage servicers to make a good faith attempt to contact debtors before proceeding allows for more opportunities for resolution outside of foreclosure, which could reduce the number of homes lost to such actions.

Summary

SB609 is a legislative proposal that aims to amend the process of foreclosure for residential properties in Texas. The bill specifically addresses the requirements for notifying debtors in default and sets forth guidelines to ensure that the foreclosure process is transparent and fair. It mandates the Attorney General to develop a model form for the notice of default, which must be communicated to the debtor before any further foreclosure actions are taken. This notice will clearly outline the debtor's rights, including a minimum period of 45 days to cure the default, which is an extension from the previous 20-day requirement.

Contention

The bill does not specify any points of contention, but it could potentially face opposition from mortgage servicers who may argue that the expanded notification period and contact requirements could complicate or delay the foreclosure process. Conversely, consumer advocacy groups may support the bill as a much-needed reform that prioritizes the rights and protections of homeowners in distress, emphasizing the need for more comprehensive support systems in the event of financial hardship.

Notable_points

One of the notable aspects of SB609 is its focus on consumer education and the prevention of fraudulent activities related to foreclosure. Additionally, the law aims to ensure that homeowners are not only informed of their rights but also connected with resources that can offer assistance throughout the foreclosure process. This dual focus on transparency and protection represents a significant shift in the handling of foreclosures in Texas, reflecting a growing awareness of the complexities and challenges faced by homeowners in financial crisis.

Companion Bills

No companion bills found.

Similar Bills

No similar bills found.