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Amend SB 472 (house committee report) as follows:
(1) In SECTION 2 of the bill, in the recital (page 2, line 16), between "(d-1)," and "(i)", insert "(d-2),".
(2) In SECTION 2 of the bill, in amended Section 51.002,
Property Code (page 4, between lines 17 and 18), insert the
following:
(d-2) For purposes of Subsection (d-1)(8), a "person
authorized to act for the servicer of the debt relating to the debt"
means a person who has:
(1) access to information regarding the status of the
debt, including receipt, application, and status of payments,
charges, and related escrow accounts; and
(2) authority to:
(A) correct billing or payment application
errors;
(B) waive late fees and other fees; and
(C) enter into binding agreements and other
agreed resolutions to settle a default and avoid a foreclosure.
(3) Add the following appropriately numbered SECTION to the
bill and renumber subsequent SECTIONS of the bill accordingly:
SECTION ____. Chapter 51, Property Code, is amended by
adding Sections 51.0023, 51.012, 51.013, and 51.014 to read as
follows:
Sec. 51.0023. RETURN OF CERTAIN PAYMENTS AFTER NOTICE OF
SALE. (a) A mortgage servicer that receives a payment from the
debtor after giving notice of sale under Section 51.002(b) shall
return the payment not later than the 10th day after the date of the
foreclosure sale if the foreclosure sale occurs on the date
provided in the notice of sale.
(b) This section applies only to a lien on residential real
property occupied by the debtor as the debtor's homestead.
Sec. 51.012. WAIVER. (a) Except as provided by Subsection
(b), a provision of a contract, agreement, or other document that
purports to waive a right of a debtor or exempt a mortgage servicer,
mortgagee, trustee, substitute trustee, or government official
from a duty under this chapter or Chapter 24 is void.
(b) After a foreclosure sale, an occupant of the property
sold at the foreclosure sale may waive a right or remedy under
Chapter 24 if the waiver is in writing, signed and dated by the
occupant, and provided in exchange for consideration given to the
occupant.
Sec. 51.013. COMMUNICATION WITH DEBTOR OR DEBTOR'S
REPRESENTATIVE AFTER NOTICE OF DEFAULT. (a) After a notice of
default is sent under Section 51.002(d) and a written authorization
to communicate with a third party is received by the mortgage
servicer from the debtor, a mortgage servicer shall communicate
and negotiate with a third party who provides assistance to the
debtor, including a family member, licensed attorney, or housing
counseling agency approved by the United States Department of
Housing and Urban Development.
(b) The notice described in Subsection (a) may be sent
through the United States Postal Service or by hand delivery or
electronic means.
(c) This section applies only to a lien on residential real
property occupied by the debtor as the debtor's homestead.
Sec. 51.014. COURT APPROVAL BEFORE NOTICE OF FORECLOSURE
SALE OF CERTAIN LOANS. (a) A mortgage servicer may send a notice of
sale under Section 51.002(b) only as authorized by a court order
under Rule 736, Texas Rules of Civil Procedure.
(b) This section applies only to a debt secured by the
debtor's residence that:
(1) has a variable interest rate with a final maturity
date of 15 years or more that has an initial fixed rate for a term of
less than five years, with a subsequent increase in the initial rate
of two percent or more;
(2) permits an increase in the interest rate if the
borrower defaults on any debt or obligation other than a debt
secured by the debtor's residence; or
(3) permits periodic payments that are less than the
amount of accrued interest on the scheduled payment date.