82R22156 PMO-D
By: Smith of Harris H.B. No. 3593
Substitute the following for H.B. No. 3593:
By: Miller of Erath C.S.H.B. No. 3593
A BILL TO BE ENTITLED
AN ACT
relating to providing notice of foreclosure to certain lienholders.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 51.0001(a), Property Code, is amended by
adding Subdivision (9) to read as follows:
(9) "Verified mail" means any method of mailing that
provides evidence of mailing.
SECTION 2. Sections 51.002(b), (d), and (e), Property Code,
are amended to read as follows:
(b) Except as provided by Subsection (b-1), notice of the
sale, which must include a statement of the earliest time at which
the sale will begin, must be given at least 21 days before the date
of the sale by:
(1) posting at the courthouse door of each county in
which the property is located a written notice designating the
county in which the property will be sold;
(2) filing in the office of the county clerk of each
county in which the property is located a copy of the notice posted
under Subdivision (1); and
(3) serving written notice of the sale by verified
[certified] mail on each debtor who, according to the records of the
mortgage servicer of the debt, is obligated to pay the debt.
(d) Notwithstanding any agreement to the contrary, the
mortgage servicer of the debt shall serve a debtor in default under
a deed of trust or other contract lien on real property used as the
debtor's residence with written notice by verified [certified] mail
stating that the debtor is in default under the deed of trust or
other contract lien and giving the debtor at least 20 days to cure
the default before notice of sale can be given under Subsection (b).
The mortgage servicer shall serve, by verified mail, a copy of the
notice sent to the debtor on any other mortgagee not represented by
the mortgage servicer. The entire calendar day on which the notice
required by this subsection is given, regardless of the time of day
at which the notice is given, is included in computing the 20-day
notice period required by this subsection, and the entire calendar
day on which notice of sale is given under Subsection (b) is
excluded in computing the 20-day notice period.
(e) Service of a notice under this section by verified
[certified] mail is complete when the notice is deposited with [in]
the United States Postal Service or a common carrier [mail],
postage or shipping charges prepaid, and addressed to the debtor at
the debtor's last known address or to a mortgagee under Subsection
(d) at the mortgagee's last known address as reflected in the real
property records in the county in which the property is located.
The affidavit of a person knowledgeable of the facts to the effect
that service was completed is prima facie evidence of service.
SECTION 3. The changes in law made by this Act apply only to
a notice required to be provided on or after September 1, 2011. A
notice required to be provided before September 1, 2011, is
governed by the law in effect immediately before that date, and that
law is continued in effect for that purpose.
SECTION 4. This Act takes effect September 1, 2011.