| 5 | 3 | | |
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| 6 | 4 | | |
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| 7 | 5 | | A BILL TO BE ENTITLED |
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| 8 | 6 | | AN ACT |
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| 9 | 7 | | relating to information required in a notice of sale of real |
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| 10 | 8 | | property under contract lien. |
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| 11 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 10 | | SECTION 1. Section 51.002, Property Code, is amended by |
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| 13 | 11 | | amending Subsection (i) and adding Subsections (j) and (k) to read |
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| 14 | 12 | | as follows: |
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| 15 | 13 | | (i) Notice served on a debtor under this section must state: |
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| 16 | 14 | | (1) the name and address of the sender of the notice; |
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| 17 | 15 | | and |
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| 18 | 16 | | (2) except as provided by Subsection (j), the name, |
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| 19 | 17 | | telephone number, facsimile number, e-mail address, and street |
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| 20 | 18 | | address of: |
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| 21 | 19 | | (A) each substitute trustee authorized to |
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| 22 | 20 | | exercise the power of sale under the deed of trust; or |
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| 23 | 21 | | (B) if a substitute trustee authorized to |
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| 24 | 22 | | exercise the power of sale under the deed of trust has not been |
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| 25 | 23 | | appointed, the trustee authorized to exercise the power of sale |
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| 26 | 24 | | under the deed of trust. |
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| 27 | 25 | | (j) Subsection (i)(2) does not apply to a notice of sale of |
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| 28 | 26 | | real property under contract lien served on a debtor by: |
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| 29 | 27 | | (1) a condominium regime under Chapter 81; |
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| 30 | 28 | | (2) a unit owners' association under Chapter 82; or |
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| 31 | 29 | | (3) a property owners' association under Chapter 209. |
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| 32 | 30 | | (k) In [contain, in] addition to any other statements |
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| 33 | 31 | | required under this section, notice served on a debtor under this |
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| 34 | 32 | | section must contain a statement that is conspicuous, printed in |
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| 35 | 33 | | boldface or underlined type, and substantially similar to the |
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| 36 | 34 | | following: "Assert and protect your rights as a member of the |
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| 37 | 35 | | armed forces of the United States. If you are or your spouse is |
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| 38 | 36 | | serving on active military duty, including active military duty as |
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| 39 | 37 | | a member of the Texas National Guard or the National Guard of |
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| 40 | 38 | | another state or as a member of a reserve component of the armed |
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| 41 | 39 | | forces of the United States, please send written notice of the |
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| 42 | 40 | | active duty military service to the sender of this notice |
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| 43 | 41 | | immediately." |
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| 44 | 42 | | SECTION 2. The changes in law made by this Act apply only to |
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| 45 | 43 | | a notice of sale given on or after the effective date of this Act. A |
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| 46 | 44 | | notice of sale given before the effective date of this Act is |
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| 47 | 45 | | governed by the law as it existed when the notice was given, and the |
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| 48 | 46 | | former law is continued in effect for that purpose. |
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| 49 | 47 | | SECTION 3. This Act takes effect September 1, 2015. |
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