Texas Senate Bill SB979

Texas 2009 - 81st Regular

Caption

Relating to foreclosure sales of residential real property; providing a penalty.

Impact

If enacted, SB979 would have a significant impact on existing state laws concerning foreclosure procedures. Specifically, it proposes extending the notification period for debtors in default from 20 to 45 days, providing them additional time to rectify their mortgage issues before foreclosure proceedings can commence. The bill also mandates the return of payments made post-notice and strengthens penalties against landlords who attempt to evade tenant protections during foreclosure situations. Such changes seek to improve the overall handling of foreclosures in Texas, emphasizing debtor fairness and accountability among mortgage servicers.

Summary

SB979 is a legislative proposal in Texas aimed at regulating foreclosure sales of residential properties. The bill mandates that mortgage servicers provide written notices to debtors in default under specific conditions, emphasizing clarity and accessibility, as these notices must be in both English and Spanish. The content of the notice includes essential information about the foreclosure process, the rights of homeowners, and resources available to assist debtors facing foreclosure. This regulatory framework aims to enhance transparency and ensure that individuals at risk of losing their homes are adequately informed about their rights and options.

Contention

Notable points of contention surrounding SB979 involve the balance between creditor rights and tenant protections. While supporters argue that enhancing notification requirements and tenant rights is crucial for housing stability, critics may raise concerns regarding the potential burdens these regulations could impose on mortgage servicers and landlords. Additionally, the bill’s requirement for judicial foreclosure on certain types of debts may prompt discussions about the implications for the mortgage market and the availability of credit to potential homebuyers.