Texas 2015 - 84th Regular

Texas House Bill HB3611 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	84R10828 NC-F
2	2	By: Krause H.B. No. 3611
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the notice of default required under a deed of trust or
8	8	other contract lien on real property.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Sections 51.002(b), (d), (e), and (i), Property
11	11	Code, are amended to read as follows:
12	12	(b) Except as provided by Subsection (b-1), notice of the
13	13	sale, which must include a statement of the earliest time at which
14	14	the sale will begin, must be given at least 21 days before the date
15	15	of the sale by:
16	16	(1) posting at the courthouse door of each county in
17	17	which the property is located a written notice designating the
18	18	county in which the property will be sold;
19	19	(2) filing in the office of the county clerk of each
20	20	county in which the property is located a copy of the notice posted
21	21	under Subdivision (1); and
22	22	(3) serving written notice of the sale by certified
23	23	mail on each:
24	24	(A) debtor who, according to the records of the
25	25	mortgage servicer of the debt, is obligated to pay the debt; and
26	26	(B) owner of record of the property other than
27	27	the debtor, according to the records of the mortgage servicer of the
28	28	debt.
29	29	(d) Notwithstanding any agreement to the contrary, the
30	30	mortgage servicer of the debt shall serve each [a] debtor in default
31	31	under a deed of trust or other contract lien on real property used
32	32	as the debtor's residence and each other owner of record of the
33	33	property included in the records of the mortgage servicer of the
34	34	debt with written notice by certified mail stating that the debtor
35	35	is in default under the deed of trust or other contract lien and
36	36	giving the debtor at least 20 days to cure the default before notice
37	37	of sale can be given under Subsection (b). The entire calendar day
38	38	on which the notice required by this subsection is given,
39	39	regardless of the time of day at which the notice is given, is
40	40	included in computing the 20-day notice period required by this
41	41	subsection, and the entire calendar day on which notice of sale is
42	42	given under Subsection (b) is excluded in computing the 20-day
43	43	notice period.
44	44	(e) Service of a notice under this section by certified mail
45	45	is complete when the notice is deposited in the United States mail,
46	46	postage prepaid and addressed to the debtor at the debtor's last
47	47	known address and to each other owner of record at the owner's last
48	48	known address. The affidavit of a person knowledgeable of the facts
49	49	to the effect that service was completed is prima facie evidence of
50	50	service.
51	51	(i) Notice served on a debtor or owner of record under this
52	52	section must state the name and address of the sender of the notice
53	53	and the total amount necessary to cure the default and contain, in
54	54	addition to any other statements required under this section, a
55	55	statement that is conspicuous, printed in boldface or underlined
56	56	type, and substantially similar to the following: "Assert and
57	57	protect your rights as a member of the armed forces of the United
58	58	States. If you are or your spouse is serving on active military
59	59	duty, including active military duty as a member of the Texas
60	60	National Guard or the National Guard of another state or as a member
61	61	of a reserve component of the armed forces of the United States,
62	62	please send written notice of the active duty military service to
63	63	the sender of this notice immediately."
64	64	SECTION 2. Section 51.0021, Property Code, is amended to
65	65	read as follows:
66	66	Sec. 51.0021. ADDRESS OF OWNER OF RECORD; NOTICE OF CHANGE
67	67	OF ADDRESS REQUIRED. (a) A debtor shall provide the mortgage
68	68	servicer the address of each owner of record of the property at the
69	69	time the security instrument for the debt is executed.
70	70	(b) A debtor shall inform the mortgage servicer of the debt
71	71	in a reasonable manner of any change of address of the debtor or
72	72	owner of record for purposes of providing notice to the debtor or
73	73	owner under Section 51.002. An owner of record may inform the
74	74	mortgage servicer of the debt in a reasonable manner of any change
75	75	of address of the owner.
76	76	(c) For the purposes of providing notice to an owner of
77	77	record under Section 51.002, the last known address of the owner is
78	78	the address as shown by the records of the mortgage servicer of the
79	79	security instrument unless the debtor or owner provided the current
80	80	mortgage servicer a written change of address before the date the
81	81	mortgage servicer mailed the notice.
82	82	SECTION 3. The changes in law made by this Act apply only to
83	83	a security instrument executed on or after the effective date of
84	84	this Act. A security instrument executed before the effective date
85	85	of this Act is governed by the law that applied to the instrument
86	86	immediately before that date, and the former law is continued in
87	87	effect for that purpose.
88	88	SECTION 4. This Act takes effect September 1, 2015.