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A BILL TO BE ENTITLED
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AN ACT
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relating to providing notice of foreclosure to certain lienholders. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 51.0001(a), Property Code, is amended by |
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adding Subdivision (9) to read as follows: |
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(9) "Verified mail" means any method of mailing that |
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provides evidence of mailing. |
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SECTION 2. Sections 51.002(b), (d), and (e), Property Code, |
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are amended to read as follows: |
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(b) Except as provided by Subsection (b-1), notice of the |
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sale, which must include a statement of the earliest time at which |
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the sale will begin, must be given at least 21 days before the date |
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of the sale by: |
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(1) posting at the courthouse door of each county in |
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which the property is located a written notice designating the |
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county in which the property will be sold; |
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(2) filing in the office of the county clerk of each |
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county in which the property is located a copy of the notice posted |
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under Subdivision (1); and |
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(3) serving written notice of the sale by verified |
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[certified] mail on each debtor who, according to the records of the |
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mortgage servicer of the debt, is obligated to pay the debt. |
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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 verified [certified] mail |
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stating that the debtor is in default under the deed of trust or |
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other contract lien and giving the debtor at least 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 mortgage servicer shall serve, by verified mail, a copy of the |
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notice sent to the debtor on any other mortgagee not represented by |
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the mortgage servicer. The entire calendar day on which the notice |
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required by this subsection is given, regardless of the time of day |
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at which the notice is given, is included in computing the 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 20-day notice period. |
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(e) Service of a notice under this section by verified |
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[certified] mail is complete when the notice is deposited with [in] |
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the United States Postal Service or a common carrier [mail], |
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postage or shipping charges prepaid, and addressed to the debtor at |
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the debtor's last known address or to a mortgagee under Subsection |
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(d) at the mortgagee's last known address as reflected in the real |
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property records in the county in which the property is located. |
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The affidavit of a person knowledgeable of the facts to the effect |
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that service was completed is prima facie evidence of service. |
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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, 2011. A |
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notice required to be provided before September 1, 2011, 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, 2011. |