Texas House Bill HB1002

Texas 2015 - 84th Regular

Caption

Relating to disclosure of home mortgage information to a surviving spouse.

Impact

By enacting HB1002, the bill enhances the transparency and accessibility of mortgage information for surviving spouses, ensuring they have the necessary information to manage their financial obligations. This could help mitigate confusion and provide clarity regarding mortgage responsibilities during a period that is often chaotic and emotionally charged. The new amendment to the Finance Code aims to prevent any potential exploitation or neglect of the rights of surviving spouses in relation to mortgage contracts and the associated financial documentation.

Summary

House Bill 1002 addresses the disclosure of home mortgage information specifically to the surviving spouse of a mortgagor. The bill mandates that when a mortgage servicer receives a request for information from a surviving spouse, they are required to provide detailed documentation within 30 days. This includes essential information such as documentation regarding the promissory note, balance information, and other details typically provided to the mortgagor. The intention is to protect the financial rights of surviving spouses during a potentially challenging time after the loss of a partner.

Contention

While the bill is generally expected to receive support for its intent to protect surviving spouses, potential points of contention may arise regarding the definition of the required proof for a surviving spouse to access the mortgage information. The requirement for a death certificate and an affidavit could be seen as burdensome by some. Additionally, discussions may focus on privacy concerns and how the information is managed by mortgage servicers. The ongoing dialogue during legislative sessions might explore these aspects to ensure a balance between transparency for surviving spouses and protecting privacy.