By: Cain S.B. No. 1463
99S0683/1
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the duty of the transferee of a mortgage on real
1-2 property to file a transfer of lien with the county clerk within a
1-3 certain period; providing a penalty.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Chapter 12, Property Code, is amended by adding
1-6 Section 12.019 to read as follows:
1-7 Sec. 12.019. DUTY TO FILE TRANSFER OF LIEN; PENALTY.
1-8 (a) In this section:
1-9 (1) "Mortgagor" includes any subsequent purchaser of
1-10 mortgaged real estate.
1-11 (2) "Transferee" means any subsequent purchaser or
1-12 owner, holder, or assignee of the note secured by mortgaged real
1-13 estate.
1-14 (3) "Transfer of lien" means any instrument, including
1-15 an assignment of lien, that transfers partial or total control over
1-16 the note secured by mortgaged real estate.
1-17 (b) A transferee of a mortgage on real property that has
1-18 been transferred from one mortgagee to another mortgagee shall file
1-19 the transfer of lien within 20 days after the date of transfer.
1-20 The transferee shall file the transfer of lien with the county
1-21 clerk of the county in which the property is located.
1-22 (c) If at the end of the 20-day period the transferee has
1-23 failed to file the transfer of lien as prescribed by Subsection
1-24 (b), the mortgagor, or the title company which closed the
2-1 transaction, may at any time thereafter request in writing that the
2-2 transferee file the transfer of lien.
2-3 (d) A transferee who fails to file the transfer of lien
2-4 within 10 days after the date of receipt of the written request to
2-5 file the transfer of lien is liable to the mortgagor for a penalty
2-6 of $100 a day, plus court costs and reasonable attorney's fees, for
2-7 each day the transfer of lien goes unrecorded after the end of the
2-8 10-day period. The penalty shall be recovered in a civil action in
2-9 any court having jurisdiction.
2-10 SECTION 2. This Act takes effect September 1, 1999, and
2-11 applies to the transfer of a mortgage made on or after that date.
2-12 SECTION 3. The importance of this legislation and the
2-13 crowded condition of the calendars in both houses create an
2-14 emergency and an imperative public necessity that the
2-15 constitutional rule requiring bills to be read on three several
2-16 days in each house be suspended, and this rule is hereby suspended.