Texas House Bill HB302

Texas 2013 - 83rd Regular

• Filed: 12/17/12

Caption

Relating to the duties of a mortgage servicer of certain residential mortgage loans.

Impact

The enactment of HB 302 has significant implications for state laws regarding mortgage servicing, particularly by solidifying the rights of debtors in relation to their mortgage servicers. By operationalizing clear guidelines for recordkeeping and information retrieval, the law enhances accountability within the mortgage servicing industry. This could lead to improved practices and a reduction in the number of disputes arising from misunderstandings or lack of clarity regarding a debtor’s mortgage status.

Summary

House Bill 302 mandates specific duties for mortgage servicers managing certain residential mortgage loans in Texas. It introduces provisions that require servicers to maintain accurate records of debtor inquiries and provide detailed information about their accounts upon request. The legislation particularly addresses scenarios involving disputes over payment histories, escrow accounts, and fees. This aims to improve transparency and protect borrowers from potential mismanagement or lack of communication from servicers.

Sentiment

The sentiment surrounding HB 302 appears to be cautiously optimistic, as it aims to bridge communication gaps between mortgage servicers and debtors. Supporters believe that the bill is a step towards greater consumer protection, providing borrowers with better tools and rights regarding their mortgage accounts. There has been a recognition that while the bill is beneficial for consumer transparency, it might also place additional administrative burdens on servicers in terms of compliance and documentation.

Contention

One area of contention may arise regarding the enforcement of these new duties on mortgage servicers. There is potential concern among servicers about the implications of increased oversight and the responsibilities tied to maintaining detailed records for debtor requests. Some stakeholders could argue that excessive requirements may hinder the efficiency of servicing loans, particularly for smaller servicers who may struggle to adapt to the stringent recordkeeping standards.