Texas 2015 - 84th Regular

Texas House Bill HB2063 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	By: Oliveira (Senate Sponsor - Zaffirini) H.B. No. 2063
2		-	(In the Senate - Received from the House May 6, 2015;
3		-	May 11, 2015, read first time and referred to Committee on Business
4		-	and Commerce; May 22, 2015, reported favorably by the following
5		-	vote: Yeas 7, Nays 0; May 22, 2015, sent to printer.)
6		-	Click here to see the committee vote
	1	+	H.B. No. 2063
7	2
8	3
9		-	A BILL TO BE ENTITLED
10	4		AN ACT
11	5		relating to the recording and effective date of certain documents
12	6		relating to nonjudicial foreclosure sales.
13	7		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
14	8		SECTION 1. Chapter 12, Property Code, is amended by adding
15	9		Section 12.0012 to read as follows:
16	10		Sec. 12.0012. INSTRUMENTS CONCERNING REAL PROPERTY SUBJECT
17	11		TO A FORECLOSURE SALE. (a) Notwithstanding Section 12.0011(b),
18	12		the following documents received by the county clerk in the manner
19	13		provided by Subsection (b) shall be recorded by the clerk and serve
20	14		as notice of the matter document:
21	15		(1) an instrument appointing or authorizing a trustee
22	16		or substitute trustee to exercise the power of sale in a security
23	17		instrument;
24	18		(2) a notice of sale pursuant to which the sale under a
25	19		power of sale occurred;
26	20		(3) a notice of default on which the sale evidenced by
27	21		a deed conveying title from a trustee or substitute trustee to a
28	22		purchaser occurred;
29	23		(4) documentation from the United States Department of
30	24		Defense indicating that a debtor was not on active duty military
31	25		service on the date of a foreclosure sale;
32	26		(5) a statement of facts regarding a foreclosure sale
33	27		prepared by an attorney representing the trustee, substitute
34	28		trustee, or mortgage servicer; or
35	29		(6) proof of service of the mailing of any notice
36	30		related to a foreclosure sale.
37	31		(b) A document described by Subsection (a) shall be accepted
38	32		for recording pursuant to Subsection (a) if it is attached as an
39	33		exhibit to:
40	34		(1) a deed that conveys title from a trustee or
41	35		substitute trustee to a purchaser at a foreclosure sale and that
42	36		meets the requirements for recording under Section 12.0011(b); or
43	37		(2) an affidavit of a trustee or substitute trustee
44	38		that meets the requirements for recording under Section 12.0011(b)
45	39		and relates to a foreclosure sale.
46	40		(c) This section does not prevent the recording of documents
47	41		in any other manner allowed by law.
48	42		SECTION 2. Chapter 51, Property Code, is amended by adding
49	43		Section 51.0076 to read as follows:
50	44		Sec. 51.0076. EFFECTIVE DATE OF APPOINTMENT. The
51	45		appointment or authorization of a trustee or substitute trustee
52	46		made in a notice of sale is effective as of the date of the notice if
53	47		the notice:
54	48		(1) complies with Sections 51.002 and 51.0075(e);
55	49		(2) is signed by an attorney or agent of the mortgagee
56	50		or mortgage servicer; and
57	51		(3) contains a statement in all capital letters,
58	52		boldface type, to read as follows:
59	53		THIS INSTRUMENT APPOINTS THE SUBSTITUTE TRUSTEE(S)
60	54		IDENTIFIED TO SELL THE PROPERTY DESCRIBED IN THE SECURITY
61	55		INSTRUMENT IDENTIFIED IN THIS NOTICE OF SALE THE PERSON
62	56		SIGNING THIS NOTICE IS THE ATTORNEY OR AUTHORIZED AGENT
63	57		OF THE MORTGAGEE OR MORTGAGE SERVICER.
64	58		SECTION 3. The changes to law made by this Act apply only to
65	59		a sale for which a notice is required under Section 51.002, Property
66	60		Code, on or after the effective date of this Act. A sale for which a
67	61		notice is required under Section 51.002, Property Code, before the
68	62		effective date of this Act is governed by the law as it existed
69	63		immediately before the effective date of this Act, and that law is
70	64		continued in effect for that purpose.
71	65		SECTION 4. This Act takes effect September 1, 2015.
72		-	* * * * *
	66	+	______________________________ ______________________________
	67	+	President of the Senate Speaker of the House
	68	+	I certify that H.B. No. 2063 was passed by the House on May 5,
	69	+	2015, by the following vote: Yeas 145, Nays 0, 2 present, not
	70	+	voting.
	71	+	______________________________
	72	+	Chief Clerk of the House
	73	+	I certify that H.B. No. 2063 was passed by the Senate on May
	74	+	26, 2015, by the following vote: Yeas 31, Nays 0.
	75	+	______________________________
	76	+	Secretary of the Senate
	77	+	APPROVED: _____________________
	78	+	Date
	79	+	_____________________
	80	+	Governor