Texas 2017 - 85th Regular

Texas House Bill HB454

Voted on by House
 
Out of Senate Committee
 
Voted on by Senate
 
Governor Action
 
Bill Becomes Law
 

Caption

Relating to the use of insurance proceeds paid to an insured and a lender for residential property damage.

Impact

If enacted, HB 454 would affect the financial operations of lenders in Texas, particularly how they apply insurance proceeds received from claims for residential property damage. The requirement for a notice and waiting period before any reduction in loan balance could enhance transparency and provide homeowners with the necessary time for decision-making regarding their property's repairs. This legislative change is likely to alter existing practices, providing additional protections for borrowers during a period when they may be facing significant stress related to property damage.

Summary

House Bill 454 addresses the procedural use of insurance proceeds related to residential property damage. Specifically, it adds a new section to the Finance Code, establishing a mandatory 90-day waiting period during which a lender cannot apply insurance claim proceeds to reduce the balance of a home loan. This period begins following the lender's notification to the insured regarding their options for handling the insurance proceeds, such as whether to use the funds for repairs or to pay down the mortgage balance. The bill aims to ensure homeowners have adequate time and information to make decisions regarding the repair of their properties post-damage.

Contention

Discussion around HB 454 could include various stakeholders such as lenders, homeowners, and regulatory bodies, with potential contention surrounding the impact on lenders' operations. Lenders may express concerns regarding the administrative burdens imposed by the required notifications and waiting periods, while advocates for homeowner protections may highlight the bill's role in preventing rushed decisions that could lead to inadequate property repairs. The balance between efficient loan processing and borrower protection is likely to be a focal point in discussions surrounding this bill.

Companion Bills

No companion bills found.

Similar Bills

No similar bills found.