84R6275 LEH-F
By: Thompson of Harris H.B. No. 2817
A BILL TO BE ENTITLED
AN ACT
relating to fees and costs imposed by mortgagees or mortgage
servicers for certain legal services performed by an attorney.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 51, Property Code, is amended by adding
Section 51.016 to read as follows:
Sec. 51.016. COLLECTION OF CERTAIN LEGAL FEES AND COSTS. A
mortgagee or a mortgage servicer, other than a bank, may not collect
from a debtor a fee or cost for legal services relating to the
foreclosure of a lien or other actions taken under this chapter to
enforce an obligation under a security instrument unless the
services are performed by a trustee, substitute trustee, or
attorney who:
(1) is a member in good standing of the State Bar of
Texas;
(2) maintains an office located in this state that is
accessible to the public during regular business hours; and
(3) has the ability to accept funds from a mortgagor to
reinstate or pay off a debt secured by a security instrument.
SECTION 2. Section 51.016, Property Code, as added by this
Act, applies only to a security instrument executed on or after the
effective date of this Act. A security instrument executed before
the effective date of this Act is governed by the law that applied
to the instrument immediately before that date, and the former law
is continued in effect for that purpose.
SECTION 3. This Act takes effect September 1, 2015.