| 1 | 1 | | 84R6275 LEH-F |
|---|
| 2 | 2 | | By: Thompson of Harris H.B. No. 2817 |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | |
|---|
| 5 | 5 | | A BILL TO BE ENTITLED |
|---|
| 6 | 6 | | AN ACT |
|---|
| 7 | 7 | | relating to fees and costs imposed by mortgagees or mortgage |
|---|
| 8 | 8 | | servicers for certain legal services performed by an attorney. |
|---|
| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 10 | 10 | | SECTION 1. Chapter 51, Property Code, is amended by adding |
|---|
| 11 | 11 | | Section 51.016 to read as follows: |
|---|
| 12 | 12 | | Sec. 51.016. COLLECTION OF CERTAIN LEGAL FEES AND COSTS. A |
|---|
| 13 | 13 | | mortgagee or a mortgage servicer, other than a bank, may not collect |
|---|
| 14 | 14 | | from a debtor a fee or cost for legal services relating to the |
|---|
| 15 | 15 | | foreclosure of a lien or other actions taken under this chapter to |
|---|
| 16 | 16 | | enforce an obligation under a security instrument unless the |
|---|
| 17 | 17 | | services are performed by a trustee, substitute trustee, or |
|---|
| 18 | 18 | | attorney who: |
|---|
| 19 | 19 | | (1) is a member in good standing of the State Bar of |
|---|
| 20 | 20 | | Texas; |
|---|
| 21 | 21 | | (2) maintains an office located in this state that is |
|---|
| 22 | 22 | | accessible to the public during regular business hours; and |
|---|
| 23 | 23 | | (3) has the ability to accept funds from a mortgagor to |
|---|
| 24 | 24 | | reinstate or pay off a debt secured by a security instrument. |
|---|
| 25 | 25 | | SECTION 2. Section 51.016, Property Code, as added by this |
|---|
| 26 | 26 | | Act, applies only to a security instrument executed on or after the |
|---|
| 27 | 27 | | effective date of this Act. A security instrument executed before |
|---|
| 28 | 28 | | the effective date of this Act is governed by the law that applied |
|---|
| 29 | 29 | | to the instrument immediately before that date, and the former law |
|---|
| 30 | 30 | | is continued in effect for that purpose. |
|---|
| 31 | 31 | | SECTION 3. This Act takes effect September 1, 2015. |
|---|