By:  Park                                              H.B. No. 222
       73R974 LJD-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to notice to subordinate lienholders of proposed
    1-3  foreclosure or forfeiture under a superior deed of trust or
    1-4  executory contract for conveyance.
    1-5        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-6        SECTION 1.  Section 5.061, Property Code, is amended to read
    1-7  as follows:
    1-8        Sec. 5.061.  Avoidance of Forfeiture and Acceleration.  A
    1-9  seller may enforce a forfeiture of interest and the acceleration of
   1-10  the indebtedness of a purchaser in default under an executory
   1-11  contract for conveyance of real property used or to be used as the
   1-12  purchaser's residence only after notifying the purchaser, and each
   1-13  subordinate lienholder requesting a copy of the notice in
   1-14  accordance with Section 5.065, of the seller's intent to enforce
   1-15  the forfeiture and acceleration and the expiration of the following
   1-16  periods:
   1-17              (1)  if the purchaser has paid less than 10 percent of
   1-18  the purchase price, 15 days after the date notice is given;
   1-19              (2)  if the purchaser has paid 10 percent or more but
   1-20  less than 20 percent of the purchase price, 30 days after the date
   1-21  notice is given; and
   1-22              (3)  if the purchaser has paid 20 percent or more of
   1-23  the purchase price, 60 days after the date notice is given.
   1-24        SECTION 2.  Subchapter D, Chapter 5, Property Code, is
    2-1  amended by adding Section 5.065 to read as follows:
    2-2        Sec. 5.065.  REQUEST FOR NOTICE OF FORFEITURE.  (a)  A person
    2-3  holding a lien subordinate to a seller's interest in an executory
    2-4  contract for conveyance may request a copy of any notice given by
    2-5  the seller under Section 5.061.  The subordinate lienholder must
    2-6  file a written request for notice in the office of the county clerk
    2-7  of each county in which the property is located.  The request must
    2-8  be on record in that office at least 10 days before the date the
    2-9  seller gives notice under Section 5.061.
   2-10        (b)  The request for notice must:
   2-11              (1)  describe the executory contract for conveyance,
   2-12  stating the date of its creation and its recording information, if
   2-13  any, together with the names of the seller and purchaser;
   2-14              (2)  describe the property subject to the executory
   2-15  contract for conveyance;
   2-16              (3)  describe the subordinate lien, stating the date of
   2-17  its creation and its recording information, together with the name
   2-18  of the subordinate lienholder requesting notice and the address of
   2-19  the subordinate lienholder at which notice should be given; and
   2-20              (4)  be signed and acknowledged by the subordinate
   2-21  lienholder.
   2-22        (c)  The county clerk shall record a request for notice under
   2-23  this section in the same manner as an instrument concerning real
   2-24  property.
   2-25        (d)  A request for notice filed under this section does not
   2-26  affect title to the property.
   2-27        (e)  A seller must mail or deliver a copy of the notice to
    3-1  the subordinate lienholder not later than one day after the date
    3-2  notice is mailed or delivered to the purchaser.
    3-3        SECTION 3.  Section 51.002(b), Property Code, is amended to
    3-4  read as follows:
    3-5        (b)  Notice of the sale, which must include a statement of
    3-6  the earliest time at which the sale will occur, must be given at
    3-7  least 21 days before the date of the sale:
    3-8              (1)  by posting at the courthouse door of each county
    3-9  in which the property is located a written notice designating the
   3-10  county in which the property will be sold;
   3-11              (2)  by filing in the office of the county clerk of
   3-12  each county in which the property is located a copy of the notice
   3-13  posted under Subdivision (1); and
   3-14              (3)  by the holder of the debt to which the power of
   3-15  sale is related serving written notice of the sale by certified
   3-16  mail on:
   3-17                    (A)  each debtor who, according to the records of
   3-18  the holder of the debt, is obligated to pay the debt; and
   3-19                    (B)  each subordinate lienholder requesting
   3-20  notice in accordance with Section 51.006.
   3-21        SECTION 4.  Chapter 51, Property Code, is amended by adding
   3-22  Section 51.006 to read as follows:
   3-23        Sec. 51.006.  REQUEST FOR NOTICE OF SALE.  (a)  A person
   3-24  holding a lien subordinate to a deed of trust or other contract
   3-25  lien on property may request a copy of each notice posted by a
   3-26  superior lienholder under Section 51.002(b)(1).  The subordinate
   3-27  lienholder must file a written request for notice in the office of
    4-1  the county clerk of each county in which the property is located.
    4-2  The request must be on record in that office at least 25 days
    4-3  before the date of a scheduled sale.
    4-4        (b)  The request for notice must:
    4-5              (1)  describe the superior lien, stating the date of
    4-6  its creation and its recording information, together with any named
    4-7  grantor, trustee, and beneficiary, and include a description of the
    4-8  property subject to the lien;
    4-9              (2)  describe the subordinate lien, stating the date of
   4-10  its creation and its recording information, together with the name
   4-11  of the subordinate lienholder requesting notice and the address of
   4-12  the subordinate lienholder to which notice should be sent; and
   4-13              (3)  be signed and acknowledged by the subordinate
   4-14  lienholder.
   4-15        (c)  The county clerk shall record a request for notice under
   4-16  this section in the same manner as an instrument concerning real
   4-17  property.
   4-18        (d)  A request for notice filed under this section does not
   4-19  affect title to the property.
   4-20        SECTION 5.  This Act applies only to a foreclosure sale under
   4-21  a deed of trust or other contract lien and to a forfeiture of
   4-22  interest under an executory contract for the conveyance of real
   4-23  property for which notice is sent to the holder of the debt or to
   4-24  the purchaser after the effective date of this Act.
   4-25        SECTION 6.  The importance of this legislation and the
   4-26  crowded condition of the calendars in both houses create an
   4-27  emergency and an imperative public necessity that the
    5-1  constitutional rule requiring bills to be read on three several
    5-2  days in each house be suspended, and this rule is hereby suspended,
    5-3  and that this Act take effect and be in force from and after its
    5-4  passage, and it is so enacted.