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Amend SB 629 (Senate committee printing) as follows:
(1) In SECTION 5 of the bill, in added Subdivision (1),
Subsection (b), Section 5.085, Property Code (page 4, line 7),
strike "or".
(2) In SECTION 5 of the bill, in added Subdivision (2),
Subsection (b), Section 5.085, Property Code (page 4, line 10),
strike the period and substitute:
; or
(3) placed on the property by the seller prior to the
execution of the contract in exchange for a loan used only to
purchase the property if:
(A) the seller, not later than the third day
before the date the contract is executed, notifies the purchaser in
a separate written disclosure:
(i) of the name, address, and phone number
of the lienholder or, if applicable, servicer of the loan;
(ii) of the loan number and outstanding
balance of the loan;
(iii) of the monthly payments due on the
loan and the due date of those payments; and
(iv) in 14-point type that, if the seller
fails to make timely payments to the lienholder, the lienholder may
attempt to collect the debt by foreclosing on the lien and selling
the property at a foreclosure sale;
(B) the lien:
(i) is attached only to the property sold to
the purchaser under the contract; and
(ii) secures indebtedness that, at no time,
is or will be greater in amount than the amount of the total
outstanding balance owed by the purchaser under the executory
contract;
(C) the lienholder:
(i) does not prohibit the property from
being encumbered by an executory contract; and
(ii) consents to verify the status of the
loan on request of the purchaser and to accept payments directly
from the purchaser if the seller defaults on the loan; and
(D) the following covenants are placed in the
executory contract:
(i) a covenant that obligates the seller to
make timely payments on the loan and to give monthly statements to
the purchaser reflecting the amount paid to the lienholder, the
date the lienholder receives the payment, and the information
described by Paragraph (A);
(ii) a covenant that obligates the seller,
not later than the third day the seller receives or has actual
knowledge of a document or an event described by this subparagraph,
to notify the purchaser in writing in 14-point type that the seller
has been sent a notice of default, notice of acceleration, or notice
of foreclosure or has been sued in connection with a lien on the
property and to attach a copy of all related documents received to
the written notice; and
(iii) a covenant that warrants that if the
seller does not make timely payments on the loan or any other
indebtedness secured by the property, the purchaser may, without
notice, cure any deficiency with a lienholder directly and deduct
from the total outstanding balance owed by the purchaser under the
executory contract, without the necessity of judicial action, 150
percent of any amount paid to the lienholder.