82R10652 PMO-D
By: Jackson S.B. No. 1712
A BILL TO BE ENTITLED
AN ACT
relating to providing notice of foreclosure to certain lien
holders.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 51.002(b) 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 certified
mail on:
(A) each debtor who, according to the records of
the mortgage servicer of the debt, is obligated to pay the debt; and
(B) each holder of a lien on the property subject
to foreclosure, as reflected in the real property records of the
county in which the property is located.
(e) Service of a notice under this section by certified mail
is complete when the notice is deposited in the United States mail,
postage prepaid and addressed to the person described by Subsection
(b)(3) [debtor] at the person's [debtor's] last known address. The
affidavit of a person knowledgeable of the facts to the effect that
service was completed is prima facie evidence of service.
SECTION 2. 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 3. This Act takes effect September 1, 2011.