Texas House Bill HB3593

Texas 2011 - 82nd Regular

• Out of House Committee: 5/7/11
• Introduced: 3/11/11

Caption

Relating to providing notice of foreclosure to certain lienholders.

Impact

The enactment of HB3593 is poised to reform existing statutes surrounding foreclosure notices significantly. By requiring verified mail as a method of notification, the bill aims to enhance the reliability of communication between mortgage servicers and borrowers, potentially reducing disputes regarding whether proper notice has been given. This change could lead to greater accountability among mortgage servicers and safeguard the interests of lienholders who may otherwise be unaware of foreclosure actions affecting their stakes in properties.

Summary

House Bill 3593 aims to amend the Texas Property Code concerning the notice of foreclosure provided to certain lienholders. The bill introduces the definition of 'verified mail' and sets forth requirements for providing notice of sale. This includes ensuring that a written notice is sent via verified mail to relevant parties, emphasizing the importance of proper communication regarding the sale of property in default due to non-payment. The bill particularly focuses on protecting the rights of lienholders in the foreclosure process and ensuring transparency in notifications.

Contention

Notable points of contention surrounding HB3593 involve the implications of the verified mail requirement on both mortgage servicers and borrowers. Critics may argue that additional requirements could slow down the foreclosure process, placing burdens on servicers to comply with stringent notification protocols. Conversely, supporters will likely highlight that these changes are necessary to protect homeowners from sudden and uncommunicated foreclosure actions, ultimately contributing to a fairer and more transparent housing market.