Texas Senate Bill SB284

Texas 2015 - 84th Regular

Caption

Relating to service of citation in connection with an application for an expedited court order allowing the foreclosure of a contract lien.

Impact

The introduction of this bill is significant for the Texas judicial system, particularly for lenders and borrowers dealing with contract liens. By clarifying the requirements for serving citations, SB284 intends to make foreclosure proceedings more efficient and potentially reduce delays that can arise from improper service. As a result, this could expedite the resolution of foreclosure cases, benefitting creditors seeking timely recourse for delinquent payments while simultaneously ensuring that debtors are adequately informed of the actions being taken against them.

Summary

SB284 aims to amend the existing laws surrounding the service of citation for expedited foreclosure proceedings related to contract liens in Texas. The bill specifies that any application for expedited court orders under Rule 736 of the Texas Rules of Civil Procedure must ensure that citation is served to each individual obligated to pay the debt secured by the lien. This clarification is meant to streamline the process of issuing citations and ensure compliance with procedural requirements when a foreclosure application is filed.

Contention

While proponents of the bill argue it facilitates a necessary legal process, concerns may arise regarding the rights of individuals facing foreclosure. Depending on how citation service is enacted, there could be implications for due process rights, particularly for those who may not receive timely notification of foreclosure actions. Critics may question whether the expedited nature of these proceedings allows for sufficient notice and opportunity to respond, raising issues around potential injustices in swift foreclosure actions that may impact vulnerable homeowners.