Texas 2023 - 88th Regular

Texas House Bill HB219

Filed
11/14/22  
Out of House Committee
3/30/23  
Voted on by House
4/19/23  
Out of Senate Committee
5/12/23  
Voted on by Senate
5/16/23  
Governor Action
6/2/23  

Caption

Relating to the release of a deed of trust or other contract lien securing a home loan after payoff by mortgagor.

Impact

The enactment of HB 219 is set to impact the real estate and mortgage industries significantly by streamlining the procedure for releasing liens on paid-off mortgages. Homeowners can expect a quicker resolution after payoff, which can alleviate potential title issues that may arise if liens remain unaddressed. The bill also adds clarity to the responsibilities of mortgage servicers and mortgagees, potentially reducing disputes regarding lien releases. This aligns with broader objectives of protecting consumer rights in financial transactions related to home ownership.

Summary

House Bill 219 relates to the prompt release of a deed of trust or other contract lien securing a home loan after the mortgage has been paid off by the mortgagor. The bill mandates that mortgage servicers or mortgagees must release the lien within 60 days of the full payment or within 30 days if a request has been made by the mortgagor. This legislative change aims to protect homeowners and ensure a timely process in releasing liens once the debt has been satisfied, thereby preventing delays that could affect the property title.

Sentiment

The general sentiment surrounding HB 219 appears to be overwhelmingly positive, with the bill receiving unanimous support in both the House and the Senate. Legislators have expressed a commitment to safeguarding consumer interests, particularly those of mortgagors who have fulfilled their payment obligations. The robust bipartisan support suggests that the bill is viewed as a necessary and beneficial reform aimed at enhancing transparency and efficiency in home financing processes.

Contention

There were few points of contention against HB 219 during the discussions, primarily highlighting how to ensure compliance among mortgage servicers. The bill's clear stipulations regarding timelines for releasing liens aim to mitigate potential loopholes that could leave homeowners disadvantaged. While no significant opposition was recorded, concerns about the accountability of mortgage servicers were mentioned, emphasizing the need for oversight to ensure that the provisions are followed post-enactment.

Texas Constitutional Statutes Affected

Finance Code

  • Chapter 343. Home Loans
    • Section: 108
    • Section: 108
    • Section: 108
    • Section: 108
    • Section: 108

Companion Bills

No companion bills found.

Previously Filed As

TX HB3278

Relating to the release of a deed of trust or other contract lien securing a home loan after payoff by mortgagor.

TX SB360

Relating to the release of a deed of trust or other contract lien securing a home loan after direct payoff by mortgagor.

Similar Bills

No similar bills found.