Texas 2011 - 82nd Regular

Texas Senate Bill SB1319

Filed
 
Out of Senate Committee
4/18/11  
Introduced
3/8/11  
Voted on by Senate
4/28/11  
Refer
3/23/11  
Governor Action
 
Bill Becomes Law
 

Caption

Relating to certain loans secured by a lien on residential real property and to other transactions involving residential real property; providing civil penalties.

Impact

The impact of SB1319 on state laws will be significant as it requires strict adherence to new rules by mortgage servicers. Specifically, servicers must provide detailed annual statements and clear receipts at the borrower’s request, which would allow borrowers to better understand and manage their loan obligations. The bill also imposes civil penalties for violations of these rules, creating a framework for accountability in the mortgage servicing industry.

Summary

SB1319 is a legislative measure that seeks to enhance regulations surrounding loans secured by liens on residential real property. This includes the responsibilities of mortgage servicers in providing information to borrowers regarding their loans. The bill introduces a new chapter in the Finance Code, mandating mortgage servicers to furnish receipts for payments and annual accounting statements to borrowers. This information must include details on how payments are applied to the loan, ensuring transparency in the mortgage servicing process.

Contention

Notable points of contention may arise regarding the implementation of these regulations and their potential burdens on mortgage servicers. Critics may argue that the compliance burden could lead to increased costs for servicers, which could ultimately be passed down to borrowers through higher fees or interest rates. However, supporters contend that these measures are essential for protecting consumers and enhancing transparency in loan processes. This tension highlights the ongoing debate between regulatory oversight and the freedom of financial institutions to operate.

Notable_points

Furthermore, SB1319 also addresses unlawful practices in real estate transactions, particularly concerning the execution of deeds. It prohibits the requirement for sellers or lenders to demand that buyers execute deeds conveying residential real estate prior to or at the time of conveyance. This provision aims to prevent potentially fraudulent practices that could harm consumers and ensure that residential property transactions are conducted fairly.

Companion Bills

TX HB213

Similar Relating to certain loans secured by a lien on residential real property and to other transactions involving residential real property; providing civil penalties.

TX HB3760

Relating to home loans that are not federally related mortgage loans; providing civil penalties.

Previously Filed As

TX HB1566

Relating to the ad valorem taxation of residential real property.

TX HB178

Relating to verification of identity and employment authorization in connection with certain contracts for or concerning the conveyance of residential real property and residential leases.

TX SB864

Relating to certain seller's disclosures for the sale of residential real property.

TX HB3275

Relating to the regulation of consumer credit transactions and the regulatory authority of the consumer credit commissioner; changing a fee.

TX SB1371

Relating to the regulation of consumer credit transactions and the regulatory authority of the consumer credit commissioner; changing a fee.

TX SB522

Relating to the authority of an owner of certain residential real property to pay the ad valorem taxes imposed on the property in installments.

TX HB2516

Relating to certain rights and duties of residential tenants and landlords.

TX HB2665

Relating to an interim study of the municipal regulation of short-term rental properties and residential amenity rental properties.

TX HB1257

Relating to a seller's notice of special district ad valorem taxes or assessments on newly constructed residential real properties.

TX SB59

Relating to notice of water and wastewater requirements for the foreclosure sale of residential properties by certain political subdivisions.

Similar Bills

CA SB1026

Residential energy efficiency disclosure statement.

OR SB898

Relating to resales of residential property; prescribing an effective date.

CA SB508

Residential property insurance.

NJ S384

Requires property condition disclosure statement to include questions concerning lead plumbing and lead service lines; requires lead service lines to be replaced upon sale of residential property.

LA SB63

Provides for a privilege by municipalities against multifamily residential properties for unpaid sewage disposal and water system service charges or user fees. (8/1/25)

MT HB296

Revising laws relating to real estate transaction disclosures

UT SB0020

Property Tax Amendments

CA AB2559

Reusable tenant screening reports.