|
|
|
A BILL TO BE ENTITLED
|
|
AN ACT
|
|
relating to notice of a foreclosure sale of real property. |
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
SECTION 1. Sections 51.002(b) and (g), Property Code, are |
|
amended to read as follows: |
|
(b) Except as provided by Subsection (b-1), notice of the |
|
sale, which must include a statement of the earliest time at which |
|
the sale will begin, must be given at least 60 [21] days before the |
|
date of the sale by: |
|
(1) posting at the courthouse door of each county in |
|
which the property is located a written notice designating the |
|
county in which the property will be sold; |
|
(2) filing in the office of the county clerk of each |
|
county in which the property is located a copy of the notice posted |
|
under Subdivision (1); and |
|
(3) serving written notice of the sale by certified |
|
mail on each debtor who, according to the records of the mortgage |
|
servicer of the debt, is obligated to pay the debt. |
|
(g) The entire calendar day on which the notice of sale is |
|
given, regardless of the time of day at which the notice is given, |
|
is included in computing the 60-day [21-day] notice period required |
|
by Subsection (b), and the entire calendar day of the foreclosure |
|
sale is excluded. |
|
SECTION 2. Chapter 51, Property Code, is amended by adding |
|
Section 51.0022 to read as follows: |
|
Sec. 51.0022. PUBLICATION OF NOTICE. (a) A person required |
|
to provide notice under Section 51.002(b) of the sale of real |
|
property: |
|
(1) shall publish in a newspaper of general |
|
circulation in each county in which the property is located at least |
|
once each week for four consecutive weeks beginning not earlier |
|
than the 35th day or later than the 28th day before the date of the |
|
sale notice that states the place of the sale and provides a |
|
description of the property sufficient to identify the property's |
|
location; and |
|
(2) may also have the notice described by Subdivision |
|
(1) posted on the newspaper's website. |
|
(b) The notice published under this section must, at a |
|
minimum, read substantially similar to the following: |
|
"On the __________ day of _____, 20__, the lienholder listed |
|
below began a foreclosure proceeding on a lien against the real |
|
property described below by filing a notice with the County Clerk of |
|
__________ County, Texas, as prescribed by law. |
|
Lienholder's name: |
|
Lienholder's mailing address: |
|
Lienholder's telephone number: |
|
Lienholder's e-mail address: |
|
The debtor listed below and all interested parties are hereby |
|
given notice that sale of that property will be conducted on |
|
(date/mm/dd/yyyy) ______________, between the hours of 10 a.m. and |
|
4 p.m. at (location): _______________________. |
|
Debtor's name: |
|
Property subject to foreclosure: |
|
Street address: |
|
City, state, and zip code: |
|
Legal description: |
|
" |
|
(c) A newspaper that publishes a notice under Subsection (a) |
|
shall submit to the person required to provide notice under Section |
|
51.002(b): |
|
(1) a bill for publication with a clipping of the |
|
published notice; and |
|
(2) the publisher's affidavit of: |
|
(A) the fee for publishing the notice; and |
|
(B) the dates the notice was published. |
|
(d) Not later than the 25th day after the date of the sale, |
|
the person required to provide notice under Section 51.002(b) shall |
|
file with the county clerk an affidavit that provides the |
|
publisher's affidavit. |
|
(e) A county clerk shall maintain all notices, including any |
|
affidavit, filed under this section in a manner available for |
|
public examination during the clerk's normal business hours. The |
|
clerk may dispose of a notice, including any affidavit, on or after |
|
the 60th day after the date of sale specified in the notice has |
|
passed. The clerk shall receive a fee of $2 for each notice or |
|
affidavit filed. |
|
SECTION 3. The changes in law made by this Act apply only to |
|
a notice of sale required to be provided under Section 51.002, |
|
Property Code, on or after September 1, 2009. A notice of sale |
|
required to be provided under Section 51.002, Property Code, before |
|
September 1, 2009, is governed by the law in effect immediately |
|
preceding the effective date of this Act, and the former law is |
|
continued in effect for that purpose. |
|
SECTION 4. This Act takes effect September 1, 2009. |