By: Harris S.B. No. 1742
A BILL TO BE ENTITLED
AN ACT
1-1 relating to certain proceedings in a foreclosure action.
1-2 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-3 SECTION 1. Chapter 51, Property Code, is amended by adding
1-4 Section 51.007 to read as follows:
1-5 Sec. 51.007. TRUSTEE UNDER DEED OF TRUST, CONTRACT LIEN OR
1-6 SECURITY INSTRUMENT. (a) The trustee named in a suit or
1-7 proceeding may plead in the answer that the trustee is not a
1-8 necessary party by a verified denial stating the basis for the
1-9 trustee's reasonable belief that the trustee was named as a party
1-10 solely in the capacity as a trustee under a deed of trust, contract
1-11 lien, or security instrument.
1-12 (b) Within 30 days after the filing of the trustee's
1-13 verified denial, a verified response is due from all parties to the
1-14 suit or proceeding setting forth all matters, whether in law or
1-15 fact, that rebut the trustee's verified denial.
1-16 (c) If a party has no objection or fails to file a timely
1-17 verified response to the trustee's verified denial, the trustee
1-18 shall be dismissed from the suit or proceeding without prejudice.
1-19 (d) If a respondent files a timely verified response to the
1-20 trustee's verified denial, the matter shall be set for hearing.
1-21 The court shall dismiss the trustee from the suit or proceeding
1-22 without prejudice if the court determines that the trustee is not a
1-23 necessary party.
1-24 (e) A dismissal of the trustee pursuant to Subsections (c)
2-1 and (d) shall not prejudice a party's right to seek injunctive
2-2 relief to prevent the trustee from proceeding with a foreclosure
2-3 sale.
2-4 (f) A trustee shall not be liable for any good faith error
2-5 resulting from reliance on any information in law or fact provided
2-6 by the mortgagor or mortgagee or their respective attorney, agent,
2-7 or representative or other third party.
2-8 SECTION 2. (a) This Act takes effect September 1, 1999.
2-9 (b) The changes in law made by this Act apply only to
2-10 foreclosure actions instituted on or after the effective date of
2-11 this Act.
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.