Texas 2011 - 82nd Regular

Texas House Bill HB635

Filed
 
Out of House Committee
4/26/11  
Out of Senate Committee
 
Voted on by Senate
 
Governor Action
 
Bill Becomes Law
 

Caption

Relating to a grace period to cure a default before foreclosure of certain contract liens on the residence of certain surviving spouses of military servicemembers and to the eligibility of the surviving spouse of a disabled veteran to pay ad valorem taxes imposed on a residence homestead in installments.

Impact

In terms of modifying state laws, HB 635 amends the Property Code by setting forth provisions that safeguard these vulnerable individuals, particularly addressing their unique circumstances as military families. The legislation ensures that surviving spouses are not unfairly penalized with foreclosure actions soon after experiencing a traumatic loss. Additionally, the bill extends the flexibility regarding how property taxes are paid. Those qualifying as surviving spouses of disabled veterans will have the option to pay ad valorem taxes in installments.

Summary

House Bill 635 seeks to provide specific protections for the surviving spouses of military servicemembers. It aims to introduce a grace period before foreclosure can occur on residences owned by these spouses when there is a default on a mortgage or contract lien. This grace period extends to nine months from the date of default, giving the surviving spouses additional time to address financial obligations without the imminent risk of losing their home. The intention is to alleviate financial pressure during the vulnerable period after a servicemember's death during active duty.

Contention

While the bill is largely seen as beneficial to military families, there may be differing opinions on the implications for lenders. Some stakeholders may argue that such protections could pose a greater risk for foreclosure and potentially complicate the lending process. Furthermore, this legislation raises discussions around the balance between protecting vulnerable populations and the rights and responsibilities of lenders in the process. The nine-month grace period stands out as a notable point of contention for those concerned about potential abuses of the system.

Companion Bills

No companion bills found.

Similar Bills

WV HB3493

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TX SB1547

Relating to the foreclosure of certain property associations' assessment liens.

AL HB242

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TX HB1127

Relating to notice of relief available to certain members of the military required to be provided in certain real property documentation.

TX SB2179

Relating to the termination of a lease agreement of a servicemember's dependent.

TX HB4470

Relating to the termination of a lease agreement of a servicemember's dependent.

FL H0073

Termination of Agreements by a Servicemember

RI H5103

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