By: Oliveira (Senate Sponsor - Zaffirini) H.B. No. 2063
(In the Senate - Received from the House May 6, 2015;
May 11, 2015, read first time and referred to Committee on Business
and Commerce; May 22, 2015, reported favorably by the following
vote: Yeas 7, Nays 0; May 22, 2015, sent to printer.)
Click here to see the committee vote
A BILL TO BE ENTITLED
AN ACT
relating to the recording and effective date of certain documents
relating to nonjudicial foreclosure sales.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 12, Property Code, is amended by adding
Section 12.0012 to read as follows:
Sec. 12.0012. INSTRUMENTS CONCERNING REAL PROPERTY SUBJECT
TO A FORECLOSURE SALE. (a) Notwithstanding Section 12.0011(b),
the following documents received by the county clerk in the manner
provided by Subsection (b) shall be recorded by the clerk and serve
as notice of the matter document:
(1) an instrument appointing or authorizing a trustee
or substitute trustee to exercise the power of sale in a security
instrument;
(2) a notice of sale pursuant to which the sale under a
power of sale occurred;
(3) a notice of default on which the sale evidenced by
a deed conveying title from a trustee or substitute trustee to a
purchaser occurred;
(4) documentation from the United States Department of
Defense indicating that a debtor was not on active duty military
service on the date of a foreclosure sale;
(5) a statement of facts regarding a foreclosure sale
prepared by an attorney representing the trustee, substitute
trustee, or mortgage servicer; or
(6) proof of service of the mailing of any notice
related to a foreclosure sale.
(b) A document described by Subsection (a) shall be accepted
for recording pursuant to Subsection (a) if it is attached as an
exhibit to:
(1) a deed that conveys title from a trustee or
substitute trustee to a purchaser at a foreclosure sale and that
meets the requirements for recording under Section 12.0011(b); or
(2) an affidavit of a trustee or substitute trustee
that meets the requirements for recording under Section 12.0011(b)
and relates to a foreclosure sale.
(c) This section does not prevent the recording of documents
in any other manner allowed by law.
SECTION 2. Chapter 51, Property Code, is amended by adding
Section 51.0076 to read as follows:
Sec. 51.0076. EFFECTIVE DATE OF APPOINTMENT. The
appointment or authorization of a trustee or substitute trustee
made in a notice of sale is effective as of the date of the notice if
the notice:
(1) complies with Sections 51.002 and 51.0075(e);
(2) is signed by an attorney or agent of the mortgagee
or mortgage servicer; and
(3) contains a statement in all capital letters,
boldface type, to read as follows:
THIS INSTRUMENT APPOINTS THE SUBSTITUTE TRUSTEE(S)
IDENTIFIED TO SELL THE PROPERTY DESCRIBED IN THE SECURITY
INSTRUMENT IDENTIFIED IN THIS NOTICE OF SALE THE PERSON
SIGNING THIS NOTICE IS THE ATTORNEY OR AUTHORIZED AGENT
OF THE MORTGAGEE OR MORTGAGE SERVICER.
SECTION 3. The changes to law made by this Act apply only to
a sale for which a notice is required under Section 51.002, Property
Code, on or after the effective date of this Act. A sale for which a
notice is required under Section 51.002, Property Code, before the
effective date of this Act is governed by the law as it existed
immediately before the effective date of this Act, and that law is
continued in effect for that purpose.
SECTION 4. This Act takes effect September 1, 2015.
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