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Amend CSHB 2137 as follows:
(1) On page 1, line 5, between "(f)," and "(i),", insert "(g),".
(2) On page 1, line 5, between "(i)," and "and (k)", insert
"(j),".
(3) On page 1, line 6, strike "(b-1), (c-1), (d-1), (f-1),"
and substitute "(a-4), (b-1), (c-1), (d-1),".
(4) On page 2, line 1, strike "or".
(5) On page 2, line 4, between "property" and "[, taxes",
insert the following:
; or
(C) the property owner has executed an
authorization consenting to a transfer of the tax liens for both the
taxes on the property that are not delinquent and taxes on the
property that are delinquent
(6) On page 2, line 7, between "(a-3)" and "The Finance
Commission", insert the following:
If the property owner has executed an authorization under Section
(a-2)(2)(C) consenting to a transfer of the tax liens for both the
taxes on the property that are not delinquent and taxes on the
property that are delinquent, the collector shall certify in one
document the transfer of the liens for all the taxes.
(a-4)
(7) On page 3, line 17, strike "to any mortgage servicer
and".
(8) On page 3, at the end of line 17, add "recorded".
(9) On page 4, line 18, strike the first comma and
substitute "and".
(10) On page 4, line 18, between "accelerate" and ", and",
insert "to the property owner".
(11) On page 4, line 19, strike "owner, the" and substitute
"owner, any recorded".
(12) On page 5, line 11, strike "becomes delinquent" and
substitute "is delinquent for 90 consecutive days".
(13) On page 5, line 14, between "of a" and "preexisting",
insert "recorded".
(14) On page 5, line 15, between "of a" and "preexisting",
insert "recorded".
(15) On page 5, lines 17 through 19, strike "is entitled,
within six months after the date on which the notice is sent [tax
lien is recorded in all counties in which the property is located],
to" and substitute "may [is entitled, within six months after the
date on which the tax lien is recorded in all counties in which the
property is located, to]".
(16) On page 5, line 21, between "transferee" and the
period, insert ", if the tax lien has not been reinstated or
foreclosed".
(17) On page 6, line 1, between "a" and "preexisting",
insert "recorded".
(18) On page 6, line 5, strike "(f-1)" and substitute "(g)".
(19) On page 6, line 5, between "(b-1)" and "or (f)", insert
", (c-1)(2),".
(20) On page 6, line 7, strike the period and insert the
following:
[At any time after the end of the six-month period specified by
Subsection (f) and before a notice of foreclosure of the
transferred tax lien is sent, the transferee of the tax lien or the
holder of the tax lien may require the property owner to provide
written authorization and pay a reasonable fee before providing
information regarding the current balance owed by the property
owner to the transferee or the holder of the tax lien].
(21) On page 6, between lines 16 and 17, insert the
following:
(j) After one year from the date on which a tax lien
transferred as provided by this section is recorded in all counties
in which the property is located, the transferee of the lien may
foreclose the lien in the manner provided by Subsection (c) unless a
contract between the holder of the lien and the owner of the
property encumbered by the lien provides otherwise. If a
foreclosure suit under Subsection (c)(1) results in foreclosure of
the lien, the transferee is entitled to recover attorney's fees in
an amount not to exceed 10 percent of the judgment. The proceeds of
a sale following a foreclosure suit under Subsection (c)(1)
[judicial foreclosure as provided by this subsection] shall be
applied first to the payment of court costs, then to payment of the
judgment, including accrued interest, and then to the payment of
any attorney's fees fixed in the judgment. Any remaining proceeds
shall be paid to other holders of liens on the property in the order
of their priority and then to the person whose property was sold at
the tax sale.
(22) On page 8, strike lines 10 through 14 and substitute
the following:
(6) requiring that notice under Section 32.06(c-1)(2)
include, [at the time the foreclosure notices required by
Subdivision (5) are served on the property owner, the transferee to
serve a copy of the notice of sale in the same manner on the mortgage
servicer or the holder of all recorded real property liens
encumbering the property that includes] on the first page, in
(23) On page 8, line 18, between "A" and "SUPERIOR", insert
"FORECLOSURE OF A".
(24) On page 8, lines 19 and 20, strike "THE FORECLOSURE IS
SCHEDULED TO OCCUR ON THE (DATE)." and substitute "[THE FORECLOSURE
IS SCHEDULED TO OCCUR ON THE (DATE).]".
(25) On page 9, insert the following appropriately numbered
SECTION and renumber subsequent SECTIONS accordingly:
SECTION ____. Section 32.065(b-1), Tax Code, is repealed.