Texas Senate Bill SB1202

Texas 2013 - 83rd Regular

Caption

Relating to an order to conduct mediation following an application for expedited judicial foreclosure proceedings.

Impact

The enactment of SB1202 will profoundly alter the handling of expedited foreclosure cases in Texas. By formalizing the mediation process as a prerequisite to judicial foreclosure proceedings, the bill seeks to provide a more balanced approach to resolving disputes over property rights. This may lead to a reduction in adversarial court battles, as mediation offers a more collaborative environment for parties to negotiate and potentially reach an agreement on foreclosure matters. By mandating this process, the law aims to create a more fair and equitable judicial system regarding property disputes.

Summary

SB1202 proposes significant amendments to the Civil Practice and Remedies Code, specifically introducing provisions for mediation in expedited judicial foreclosure proceedings. The bill mandates that following an application for expedited foreclosure, courts are empowered to conduct hearings to determine the necessity of mediation. A court cannot order mediation without first holding a hearing to assess whether it is needed or if the application has any defects. This aims to ensure that disputes regarding expedited foreclosures are adequately addressed before moving forward with judicial actions.

Contention

One notable point of contention may arise from the process of how mediation is to be conducted and the timeline imposed on it. For instance, the requirement that mediation must occur before specific deadlines established by the rules of civil procedure could generate concerns among property owners and financial institutions alike. Opponents may argue that these stipulations complicate the judicial process, while supporters may contend that they are vital for ensuring that all parties have a fair opportunity to resolve disputes amicably before resorting to litigation.