By Goodman H.B. No. 2735
74R6216 DWS-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to preparation of certain secondary loan documents by an
1-3 attorney.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Chapter 5, Title 79, Revised Statutes (Article
1-6 5069-5.01 et seq., Vernon's Texas Civil Statutes), is amended by
1-7 adding Article 5.04A to read as follows:
1-8 Art. 5.04A. DOCUMENT PREPARATION BY ATTORNEY. (a) A
1-9 document that is prepared in connection with a secondary mortgage
1-10 loan and that affects title to real property may be prepared only
1-11 by an attorney who is licensed by and resides in this state and who
1-12 is not an employee of the lender. For the purposes of this
1-13 article, "employee" means a person who receives a salary for
1-14 performing services under the direction of the lender and does not
1-15 include an independent contractor.
1-16 (b) A deed of trust or other security instrument prepared in
1-17 connection with a secondary mortgage loan must contain a notice of
1-18 the attorney or law firm that prepared the document. The notice
1-19 must be in at least 10-point bold type or its equivalent and must
1-20 be in the following form with the blanks appropriately filled:
1-21 NOTICE
1-22 Your loan documents have been prepared by the following
1-23 attorney or law firm: ______________________________.
1-24 The business address of the attorney or firm
2-1 is _________________________________________.
2-2 The telephone number of the attorney or firm
2-3 is _________________________________________.
2-4 If you have a question regarding the terms and
2-5 conditions of this document, call the following
2-6 person at the office of the attorney or
2-7 firm: ___________________________.
2-8 You may call between ___a.m. and ___p.m. on the
2-9 following days: ____________________________________ .
2-10 If you sign this document and you fail to meet the
2-11 terms and conditions of this document, you may lose
2-12 your legal ownership rights in your home. KNOW YOUR
2-13 RIGHTS AND DUTIES UNDER THE LAW.
2-14 (c) A deed of trust or other security instrument that does
2-15 not contain the notice required by this article is not notice of
2-16 the security interest created by the document to persons who are
2-17 not parties to the document, except that if other requirements for
2-18 the document to be notice are satisfied, the document becomes
2-19 notice to those persons when a copy of the notice required by this
2-20 article, signed by the borrower, is recorded with the document.
2-21 SECTION 2. This Act applies only to a document executed on
2-22 or after the effective date of this Act. A document executed
2-23 before the effective date of this Act is covered by the law in
2-24 effect when the document was executed, and the former law is
2-25 continued in effect for that purpose.
2-26 SECTION 3. This Act takes effect September 1, 1995.
2-27 SECTION 4. The importance of this legislation and the
3-1 crowded condition of the calendars in both houses create an
3-2 emergency and an imperative public necessity that the
3-3 constitutional rule requiring bills to be read on three several
3-4 days in each house be suspended, and this rule is hereby suspended.