84R10828 NC-F
By: Krause H.B. No. 3611
A BILL TO BE ENTITLED
AN ACT
relating to the notice of default required under a deed of trust or
other contract lien on real property.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 51.002(b), (d), (e), and (i), Property
Code, are amended to read as follows:
(b) Except as provided by Subsection (b-1), notice of the
sale, which must include a statement of the earliest time at which
the sale will begin, must be given at least 21 days before the date
of the sale by:
(1) posting at the courthouse door of each county in
which the property is located a written notice designating the
county in which the property will be sold;
(2) filing in the office of the county clerk of each
county in which the property is located a copy of the notice posted
under Subdivision (1); and
(3) serving written notice of the sale by certified
mail on each:
(A) debtor who, according to the records of the
mortgage servicer of the debt, is obligated to pay the debt; and
(B) owner of record of the property other than
the debtor, according to the records of the mortgage servicer of the
debt.
(d) Notwithstanding any agreement to the contrary, the
mortgage servicer of the debt shall serve each [a] debtor in default
under a deed of trust or other contract lien on real property used
as the debtor's residence and each other owner of record of the
property included in the records of the mortgage servicer of the
debt with written notice by certified mail stating that the debtor
is in default under the deed of trust or other contract lien and
giving the debtor at least 20 days to cure the default before notice
of sale can be given under Subsection (b). The entire calendar day
on which the notice required by this subsection is given,
regardless of the time of day at which the notice is given, is
included in computing the 20-day notice period required by this
subsection, and the entire calendar day on which notice of sale is
given under Subsection (b) is excluded in computing the 20-day
notice period.
(e) Service of a notice under this section by certified mail
is complete when the notice is deposited in the United States mail,
postage prepaid and addressed to the debtor at the debtor's last
known address and to each other owner of record at the owner's last
known address. The affidavit of a person knowledgeable of the facts
to the effect that service was completed is prima facie evidence of
service.
(i) Notice served on a debtor or owner of record under this
section must state the name and address of the sender of the notice
and the total amount necessary to cure the default and contain, in
addition to any other statements required under this section, a
statement that is conspicuous, printed in boldface or underlined
type, and substantially similar to the following: "Assert and
protect your rights as a member of the armed forces of the United
States. If you are or your spouse is serving on active military
duty, including active military duty as a member of the Texas
National Guard or the National Guard of another state or as a member
of a reserve component of the armed forces of the United States,
please send written notice of the active duty military service to
the sender of this notice immediately."
SECTION 2. Section 51.0021, Property Code, is amended to
read as follows:
Sec. 51.0021. ADDRESS OF OWNER OF RECORD; NOTICE OF CHANGE
OF ADDRESS REQUIRED. (a) A debtor shall provide the mortgage
servicer the address of each owner of record of the property at the
time the security instrument for the debt is executed.
(b) A debtor shall inform the mortgage servicer of the debt
in a reasonable manner of any change of address of the debtor or
owner of record for purposes of providing notice to the debtor or
owner under Section 51.002. An owner of record may inform the
mortgage servicer of the debt in a reasonable manner of any change
of address of the owner.
(c) For the purposes of providing notice to an owner of
record under Section 51.002, the last known address of the owner is
the address as shown by the records of the mortgage servicer of the
security instrument unless the debtor or owner provided the current
mortgage servicer a written change of address before the date the
mortgage servicer mailed the notice.
SECTION 3. The changes in law made by this Act apply 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 4. This Act takes effect September 1, 2015.