Texas 2009 - 81st Regular

Texas Senate Bill SB766 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	81R6070 PMO-F
2	2	By: West S.B. No. 766
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to notices required and the opportunity to cure default in
8	8	connection with foreclosure of a lien against residential property;
9	9	providing a penalty.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Sections 24.005(b) and (f), Property Code, are
12	12	amended to read as follows:
13	13	(b) If the occupant is a tenant at will or by sufferance, the
14	14	landlord must give the tenant at least three days' written notice to
15	15	vacate before the landlord files a forcible detainer suit unless
16	16	the parties have contracted for a shorter or longer notice period in
17	17	a written lease or agreement. If a building is purchased at a tax
18	18	foreclosure sale or a trustee's foreclosure sale under a lien
19	19	superior to the tenant's lease and the tenant timely pays rent and
20	20	is not otherwise in default under the tenant's lease after
21	21	foreclosure, the purchaser must give a residential tenant of the
22	22	building at least 90 [30] days' written notice to vacate if the
23	23	purchaser chooses not to continue the lease. The tenant is
24	24	considered to timely pay the rent under this subsection if, during
25	25	the month of the foreclosure sale, the tenant pays the rent for that
26	26	month to the landlord before receiving any notice that a
27	27	foreclosure sale is scheduled during the month or pays the rent for
28	28	that month to the foreclosing lienholder or the purchaser at
29	29	foreclosure not later than the fifth day after the date of receipt
30	30	of a written notice of the name and address of the purchaser that
31	31	requests payment. At least 21 days before the date of [Before] a
32	32	foreclosure sale, a foreclosing lienholder shall mail [may give]
33	33	written notice of sale to the address of the property subject to
34	34	foreclosure [a tenant] stating that a foreclosure notice has been
35	35	given to the landlord or owner of the property and specifying the
36	36	date of the foreclosure. The notice must be mailed in a manner
37	37	described by Section 51.002(e).
38	38	(f) The notice to vacate shall be mailed to [given in person
39	39	or by mail at] the address of the premises in question [. Notice in
40	40	person may be by personal delivery to the tenant or any person
41	41	residing at the premises who is 16 years of age or older or personal
42	42	delivery to the premises and affixing the notice to the inside of
43	43	the main entry door. Notice by mail may be by regular mail, by
44	44	registered mail, or] by certified mail or by the United States
45	45	Postal Service using signature confirmation service [, return
46	46	receipt requested, to the premises in question. If the dwelling has
47	47	no mailbox and has a keyless bolting device, alarm system, or
48	48	dangerous animal that prevents the landlord from entering the
49	49	premises to leave the notice to vacate on the inside of the main
50	50	entry door, the landlord may securely affix the notice on the
51	51	outside of the main entry door].
52	52	SECTION 2. Section 51.002, Property Code, is amended by
53	53	amending Subsections (b), (d), and (e) and adding Subsections
54	54	(b-2), (i), and (j) to read as follows:
55	55	(b) Except as provided by Subsection (b-1), notice of the
56	56	sale, which must include a statement of the earliest time at which
57	57	the sale will begin must be given at least 21 days before the date of
58	58	the sale by:
59	59	(1) posting at the courthouse door of each county in
60	60	which the property is located a written notice designating the
61	61	county in which the property will be sold;
62	62	(2) filing in the office of the county clerk of each
63	63	county in which the property is located a copy of the notice posted
64	64	under Subdivision (1); and
65	65	(3) mailing [serving] written notice of the sale to:
66	66	(A) [by certified mail on] each debtor who,
67	67	according to the records of the mortgage servicer of the debt, is
68	68	obligated to pay the debt; and
69	69	(B) the address of the property subject to
70	70	foreclosure.
71	71	(b-2) A debtor who receives a notice of sale under
72	72	Subsection (b)(3)(A) shall, not later than the fifth day after the
73	73	date the debtor receives the notice, give each tenant of the
74	74	property subject to foreclosure a written notice that includes:
75	75	(1) the date of the foreclosure sale; and
76	76	(2) a copy of Section 24.005(b).
77	77	(d) Notwithstanding any agreement to the contrary, the
78	78	mortgage servicer of the debt shall serve a debtor in default under
79	79	a deed of trust or other contract lien on real property used as the
80	80	debtor's residence with written notice by certified mail stating
81	81	that the debtor is in default under the deed of trust or other
82	82	contract lien and giving the debtor at least 30 [20] days to cure
83	83	the default before notice of sale can be given under Subsection (b).
84	84	The entire calendar day on which the notice required by this
85	85	subsection is given, regardless of the time of day at which the
86	86	notice is given, is included in computing the 30-day [20-day]
87	87	notice period required by this subsection, and the entire calendar
88	88	day on which notice of sale is given under Subsection (b) is
89	89	excluded in computing the 30-day [20-day] notice period.
90	90	(e) Service of a notice under this section must be by
91	91	certified mail or by the United States Postal Service using
92	92	signature confirmation service and is complete when the notice is
93	93	deposited in the United States mail[, postage prepaid and addressed
94	94	to the debtor at the debtor's last known address]. The affidavit of
95	95	a person knowledgeable of the facts to the effect that service was
96	96	completed is prima facie evidence of service.
97	97	(i) The failure to comply with the notice requirements of
98	98	Subsection (b) voids a foreclosure sale conducted under this
99	99	section.
100	100	(j) A debtor who fails to comply with Subsection (b-2) is
101	101	liable to a tenant for an amount equal to two months' rent under the
102	102	lease.
103	103	SECTION 3. Section 51.0075(e), Property Code, is amended to
104	104	read as follows:
105	105	(e) The name and a street address for a trustee or
106	106	substitute trustees shall be disclosed on each [the] notice
107	107	required by Section 51.002(b).
108	108	SECTION 4. Section 86.021(a), Local Government Code, is
109	109	amended to read as follows:
110	110	(a) A constable shall execute and return as provided by law
111	111	each process, warrant, and precept that is directed to the
112	112	constable and is delivered by a lawful officer. [Notices required
113	113	by Section 24.005, Property Code, relating to eviction actions are
114	114	process for purposes of this section that may be executed by a
115	115	constable.]
116	116	SECTION 5. Section 154.005(d), Local Government Code, is
117	117	repealed.
118	118	SECTION 6. The change in law made by this Act applies only
119	119	to a notice required to be provided on or after September 1, 2009. A
120	120	notice required to be provided before September 1, 2009, is
121	121	governed by the law in effect immediately before that date, and that
122	122	law is continued in effect for that purpose.
123	123	SECTION 7. This Act takes effect September 1, 2009.