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A BILL TO BE ENTITLED
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AN ACT
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relating to notice required before and period to vacate after |
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foreclosure sale of real property. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 51.002, Property Code, is amended by |
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amending Subsection (d) and adding Subsections (d-1), (d-2), and |
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(i) to read as follows: |
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(d) Notwithstanding any agreement to the contrary, the |
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mortgage servicer of the debt shall serve a debtor in default under |
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a deed of trust or other contract lien on real property used as the |
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debtor's residence with written notice by certified mail stating |
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that the debtor is in default under the deed of trust or other |
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contract lien and giving the debtor at least 45 [20] days to cure |
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the default before notice of sale can be given under Subsection (b). |
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The entire calendar day on which the notice required by this |
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subsection is given, regardless of the time of day at which the |
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notice is given, is included in computing the 45-day [20-day] |
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notice period required by this subsection, and the entire calendar |
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day on which notice of sale is given under Subsection (b) is |
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excluded in computing the 45-day [20-day] notice period. |
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(d-1) In addition to the notice provided by Subsection (d), |
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a mortgage servicer of the debt shall serve the debtor with a |
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written notice under this subsection. The notice must be printed on |
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a separate sheet of canary yellow or a similarly colored yellow |
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paper that is 8-1/2 by 11 inches or larger and affixed to the notice |
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of default provided under Subsection (d). The attorney general |
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shall prescribe the contents of the notice. The notice must include |
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the following: |
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(1) a statement that the notice provided by the |
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mortgage servicer is required by law; |
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(2) a description of the process of foreclosure on a |
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mortgage; |
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(3) a statement that the debtor in default has 45 days |
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to cure the default as provided by Subsection (d); |
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(4) a description of the options available to the |
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debtor in default to prevent the foreclosure; |
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(5) a description of and warning against |
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unconscionable actions or courses of action under Subchapter E, |
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Chapter 17, Business & Commerce Code, relating to the foreclosure; |
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(6) a description of resources available to the debtor |
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in default to assist in preventing the foreclosure; |
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(7) a list of resources the debtor may contact for |
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assistance in filing a complaint concerning the foreclosure |
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process; and |
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(8) a statement that the debtor must serve a copy of |
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the notice of sale on each tenant as prescribed by Section 51.0022. |
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(d-2) In addition to the notices provided under Subsections |
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(d) and (d-1), the mortgage servicer of the debt shall, not later |
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than the fifth day after the date the notices are mailed under |
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Subsections (d) and (d-1), attempt and make every reasonable effort |
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to contact the debtor in default by telephone if the debtor has |
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telephone service and provide the debtor with the same information |
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provided in the notices under Subsections (d) and (d-1). The |
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mortgage servicer shall maintain a telephone log that indicates |
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each attempted telephone contact and whether the debtor was |
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contacted. |
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(i) If a sale of property described by this section occurs, |
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notwithstanding Chapter 24, the debtor or a tenant of the debtor is |
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not required to vacate the property before the 31st day after the |
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date of the sale. |
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SECTION 2. Chapter 51, Property Code, is amended by adding |
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Section 51.0022 to read as follows: |
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Sec. 51.0022. NOTICE OF SALE TO TENANT. Not later than the |
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seventh day after the date a debtor receives a notice of sale under |
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Section 51.002(b), the debtor shall serve a copy of the notice on |
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each tenant of the property by any one of the following methods: |
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(1) personal delivery to the tenant; |
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(2) certified mail, return receipt requested, to the |
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tenant; or |
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(3) leaving the notice inside the dwelling, as defined |
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by Section 92.001, in a conspicuous place if notice in that manner |
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is authorized in a written lease. |
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SECTION 3. The changes in law made by this Act apply only to |
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a notice required to be provided on or after September 1, 2009. A |
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notice required to be provided before September 1, 2009, is |
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governed by the law in effect immediately before that date, and that |
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law is continued in effect for that purpose. |
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SECTION 4. This Act takes effect September 1, 2009. |