Texas 2011 - 82nd Regular

Texas House Bill HB3593 Compare Versions

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Old	New	Differences
1	1	82R22156 PMO-D
2	2	By: Smith of Harris H.B. No. 3593
3	3	Substitute the following for H.B. No. 3593:
4	4	By: Miller of Erath C.S.H.B. No. 3593
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to providing notice of foreclosure to certain lienholders.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Section 51.0001(a), Property Code, is amended by
12	12	adding Subdivision (9) to read as follows:
13	13	(9) "Verified mail" means any method of mailing that
14	14	provides evidence of mailing.
15	15	SECTION 2. Sections 51.002(b), (d), and (e), Property Code,
16	16	are amended to read as follows:
17	17	(b) Except as provided by Subsection (b-1), notice of the
18	18	sale, which must include a statement of the earliest time at which
19	19	the sale will begin, must be given at least 21 days before the date
20	20	of the sale by:
21	21	(1) posting at the courthouse door of each county in
22	22	which the property is located a written notice designating the
23	23	county in which the property will be sold;
24	24	(2) filing in the office of the county clerk of each
25	25	county in which the property is located a copy of the notice posted
26	26	under Subdivision (1); and
27	27	(3) serving written notice of the sale by verified
28	28	[certified] mail on each debtor who, according to the records of the
29	29	mortgage servicer of the debt, is obligated to pay the debt.
30	30	(d) Notwithstanding any agreement to the contrary, the
31	31	mortgage servicer of the debt shall serve a debtor in default under
32	32	a deed of trust or other contract lien on real property used as the
33	33	debtor's residence with written notice by verified [certified] mail
34	34	stating that the debtor is in default under the deed of trust or
35	35	other contract lien and giving the debtor at least 20 days to cure
36	36	the default before notice of sale can be given under Subsection (b).
37	37	The mortgage servicer shall serve, by verified mail, a copy of the
38	38	notice sent to the debtor on any other mortgagee not represented by
39	39	the mortgage servicer. The entire calendar day on which the notice
40	40	required by this subsection is given, regardless of the time of day
41	41	at which the notice is given, is included in computing the 20-day
42	42	notice period required by this subsection, and the entire calendar
43	43	day on which notice of sale is given under Subsection (b) is
44	44	excluded in computing the 20-day notice period.
45	45	(e) Service of a notice under this section by verified
46	46	[certified] mail is complete when the notice is deposited with [in]
47	47	the United States Postal Service or a common carrier [mail],
48	48	postage or shipping charges prepaid, and addressed to the debtor at
49	49	the debtor's last known address or to a mortgagee under Subsection
50	50	(d) at the mortgagee's last known address as reflected in the real
51	51	property records in the county in which the property is located.
52	52	The affidavit of a person knowledgeable of the facts to the effect
53	53	that service was completed is prima facie evidence of service.
54	54	SECTION 3. The changes in law made by this Act apply only to
55	55	a notice required to be provided on or after September 1, 2011. A
56	56	notice required to be provided before September 1, 2011, is
57	57	governed by the law in effect immediately before that date, and that
58	58	law is continued in effect for that purpose.
59	59	SECTION 4. This Act takes effect September 1, 2011.