Texas Senate Bill SB766

Texas 2009 - 81st Regular

Caption

Relating to notices required and the opportunity to cure default in connection with foreclosure of a lien against residential property; providing a penalty.

Impact

If enacted, SB766 will revise the obligations of landlords and creditors in the context of foreclosure. The bill mandates that a tenant who continues to pay rent in good faith despite foreclosure proceedings must be granted at least 90 days' notice to vacate before any eviction action is pursued. This change in the law is significant because it enhances tenant protections against abrupt removals, thereby giving renters more stability during uncertain times prompted by a potential foreclosure.

Summary

Senate Bill 766 addresses the processes surrounding foreclosure of liens against residential properties, specifically focusing on the notices required to be given to tenants. The bill amends existing provisions in the Property Code to ensure that tenants are informed of foreclosure actions and provided an opportunity to cure defaults before eviction proceedings can be initiated. This aims to protect tenants' rights during foreclosure situations, especially in cases where their leases are impacted by the sales of the property to new owners who may not wish to continue the existing leases.

Contention

There could be points of contention surrounding the implementation of SB766. Opponents of the bill may argue that extending notice periods could complicate the foreclosure process for creditors, thereby potentially stalling resolution of delinquent loans. Moreover, some landlords might express concerns regarding the possibility of being held financially accountable for rent not paid to them but that ultimately remains due to foreclosure dynamics, as the bill includes penalties for failing to adhere to notice requirements. These factors could lead to debate about balancing the rights of tenants against the operational realities faced by landlords and property owners.