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A BILL TO BE ENTITLED
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AN ACT
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relating to information required in a notice of sale of real |
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property under contract lien. |
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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 (i) and adding Subsections (j) and (k) to read |
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as follows: |
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(i) Notice served on a debtor under this section must state: |
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(1) the name and address of the sender of the notice; |
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and |
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(2) except as provided by Subsection (j), the name, |
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telephone number, facsimile number, e-mail address, and street |
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address of: |
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(A) each substitute trustee authorized to |
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exercise the power of sale under the deed of trust; or |
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(B) if a substitute trustee authorized to |
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exercise the power of sale under the deed of trust has not been |
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appointed, the trustee authorized to exercise the power of sale |
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under the deed of trust. |
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(j) Subsection (i)(2) does not apply to a notice of sale of |
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real property under contract lien served on a debtor by: |
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(1) a condominium regime under Chapter 81; |
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(2) a unit owners' association under Chapter 82; or |
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(3) a property owners' association under Chapter 209. |
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(k) In [contain, in] addition to any other statements |
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required under this section, notice served on a debtor under this |
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section must contain a statement that is conspicuous, printed in |
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boldface or underlined type, and substantially similar to the |
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following: "Assert and protect your rights as a member of the |
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armed forces of the United States. If you are or your spouse is |
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serving on active military duty, including active military duty as |
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a member of the Texas National Guard or the National Guard of |
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another state or as a member of a reserve component of the armed |
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forces of the United States, please send written notice of the |
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active duty military service to the sender of this notice |
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immediately." |
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SECTION 2. The changes in law made by this Act apply only to |
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a notice of sale given on or after the effective date of this Act. A |
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notice of sale given before the effective date of this Act is |
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governed by the law as it existed when the notice was given, and the |
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former law is continued in effect for that purpose. |
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SECTION 3. This Act takes effect September 1, 2015. |