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Amend HB 2840 by adding the following appropriately numbered
SECTION to the bill and renumbering subsequent SECTIONS
accordingly:
SECTION ____. (a) Title 2, Business & Commerce Code, is
amended by adding Chapter 21 to read as follows:
CHAPTER 21. REQUIRED NOTICE BY CERTAIN RESIDENTIAL FORECLOSURE
CONSULTANTS
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 21.001. DEFINITIONS. In this chapter:
(1) "Foreclosure consultant" means a person who
performs, or represents that the person can or will perform, for
compensation services in connection with the prevention or
postponement of foreclosure proceedings against a homeowner's
residential property or other services related to the foreclosure
of the property.
(2) "Residence in foreclosure" means residential real
property consisting of not more than four single-family dwelling
units, at least one of which is occupied as the homeowner's
principal place of residence, and against which a foreclosure
action has been commenced.
Sec. 21.002. EXCEPTION FROM APPLICABILITY OF CHAPTER. (a)
Except as provided by Subsection (b), this chapter does not apply to
the following persons who perform foreclosure consulting services:
(1) an attorney admitted to practice in this state who
performs those services in relation to the attorney's
attorney-client relationship with a homeowner or the beneficiary of
the lien being foreclosed;
(2) a person who holds or is owed an obligation secured
by a lien on a residence in foreclosure if the person performs those
services in connection with the obligation or lien;
(3) a person who regulates banks, trust companies,
savings and loan associations, credit unions, or insurance
companies under the laws of this state or the United States if the
person performs those services as part of the person's normal
business activities;
(4) an affiliate of a person described by Subdivision
(3) if the affiliate performs those services as part of the
affiliate's normal business activities;
(5) a judgment creditor of the homeowner of the
residence in foreclosure, if:
(A) the legal action giving rise to the judgment
was commenced before the notice of default required under Section
5.064 or 51.002(d), Property Code; and
(B) the judgment is recorded in the real property
records of the clerk of the county where the residence in
foreclosure is located;
(6) a licensed title insurer, title insurance agent,
or escrow officer authorized to transact business in this state if
the person is performing those services in conjunction with title
insurance or settlement services;
(7) a licensed real estate broker or real estate
salesperson if the person is engaging in an activity for which the
person is licensed;
(8) a mortgage broker or loan officer licensed under
Chapter 156, Finance Code, if the person is engaging in an activity
for which the person is licensed; or
(9) a nonprofit organization that provides solely
counseling or advice to homeowners who have a residence in
foreclosure or have defaulted on their home loans, unless the
organization is an associate of the foreclosure consultant.
(b) This chapter applies to a person described by Subsection
(a) if the person is providing foreclosure consulting services
designed or intended to transfer title, directly or indirectly, to
a residence in foreclosure to that person or the person's
associate.
[Sections 21.003-21.050 reserved for expansion]
SUBCHAPTER B. NOTICE
Sec. 21.051. REQUIRED DISCLOSURE. Before entering into a
contract with a homeowner of a residence in foreclosure for the
purchase of the services of a foreclosure consultant, the
foreclosure consultant shall provide the homeowner written notice
stating the following, in at least 14-point boldfaced type:
NOTICE REQUIRED BY TEXAS LAW
_______ (Name) or an associate of _________ (Name) cannot ask you to
sign or have you sign any document that transfers any interest in
your home or property to __________ (Name) or ___________ (Name's)
associate.
_______ (Name) or ________ (Name's) associate cannot guarantee you
that they will be able to refinance your home or arrange for you to
keep your home.
You may, at any time, cancel or rescind this contract, without
penalty of any kind.
If you want to cancel this contract, mail or deliver a signed and
dated copy of this notice of cancellation or rescission, or any
other written notice, indicating your intent to cancel or rescind
to _________________ (Name and address of foreclosure consultant)
at ________________________ (Address of foreclosure consultant,
including facsimile and electronic mail address).
As part of any cancellation or rescission, you (the homeowner) must
repay any money spent on your behalf by _____________________ (Name
of foreclosure consultant) prior to receipt of this notice and as a
result of this agreement, within 60 days, along with interest
calculated at the rate of eight percent per year.
(b) Chapter 21, Business & Commerce Code, as added by this
Act, applies only to a contract entered into on or after the
effective date of this Act. A contract entered into before the
effective date of this Act is governed by the law in effect on the
date the contract was entered into, and the former law is continued
in effect for that purpose.