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.

Previously Filed As

TX HB2571

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

TX SB59

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

TX HB2516

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

TX HB1257

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

TX SB864

Relating to certain seller's disclosures for the sale 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 SB522

Relating to the authority of an owner of certain residential real property to pay the ad valorem taxes imposed on the property in installments.

TX HB2022

Relating to residential construction liability.

TX SB873

Relating to residential construction liability.

TX HB1566

Relating to the ad valorem taxation of residential real property.

Similar Bills

NJ S4142

Revises process for property tax lien holder to foreclose right to redeem a property tax lien; allows property owner to protect remaining equity.

NJ A3772

Revises process for property tax lien holder to foreclose right to redeem a property tax lien; allows property owner to protect remaining equity.

NJ S2334

Revises process for property tax lien holder to foreclose right to redeem a property tax lien; allows property owner to protect remaining equity.

CA SB1447

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

CT HB06351

An Act Concerning Foreclosure Mediation And Assistance Programs, The Highly Compensated Employee Exemption For Mortgage Loan Originators, General-use Prepaid Cards And Neighborhood Protection.

TX SB2121

Relating to the persons entitled to redeem property after the foreclosure of a property owners' association's assessment lien.

MD SB855

Baltimore City - Property Tax - In Rem Foreclosure of Vacant or Nuisance Property

NJ A5595

Expands certain State programmatic interventions related to residential foreclosures.