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A BILL TO BE ENTITLED
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AN ACT
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relating to the notice of default required under a deed of trust or |
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other contract lien on real property. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 51.002(b), (d), (e), and (i), Property |
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Code, 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 certified |
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mail on each: |
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(A) debtor who, according to the records of the |
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mortgage servicer of the debt, is obligated to pay the debt; and |
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(B) owner of record of the property other than |
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the debtor, according to the records of the mortgage servicer of the |
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debt. |
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(d) Notwithstanding any agreement to the contrary, the |
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mortgage servicer of the debt shall serve each [a] debtor in default |
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under a deed of trust or other contract lien on real property used |
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as the debtor's residence and each other owner of record of the |
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property included in the records of the mortgage servicer of the |
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debt with written notice by certified mail stating that the debtor |
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is in default under the deed of trust or other contract lien and |
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giving the debtor at least 20 days to cure the default before notice |
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of sale can be given under Subsection (b). The entire calendar day |
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on which the notice required by this subsection is given, |
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regardless of the time of day at which the notice is given, is |
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included in computing the 20-day notice period required by this |
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subsection, and the entire calendar day on which notice of sale is |
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given under Subsection (b) is excluded in computing the 20-day |
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notice period. |
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(e) Service of a notice under this section by certified mail |
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is complete when the notice is deposited in the United States mail, |
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postage prepaid and addressed to the debtor at the debtor's last |
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known address and to each other owner of record at the owner's last |
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known address. The affidavit of a person knowledgeable of the facts |
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to the effect that service was completed is prima facie evidence of |
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service. |
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(i) Notice served on a debtor or owner of record under this |
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section must state the name and address of the sender of the notice |
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and the total amount necessary to cure the default and contain, in |
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addition to any other statements required under this section, a |
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statement that is conspicuous, printed in boldface or underlined |
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type, and substantially similar to the following: "Assert and |
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protect your rights as a member of the armed forces of the United |
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States. If you are or your spouse is serving on active military |
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duty, including active military duty as a member of the Texas |
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National Guard or the National Guard of another state or as a member |
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of a reserve component of the armed forces of the United States, |
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please send written notice of the active duty military service to |
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the sender of this notice immediately." |
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SECTION 2. Section 51.0021, Property Code, is amended to |
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read as follows: |
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Sec. 51.0021. ADDRESS OF OWNER OF RECORD; NOTICE OF CHANGE |
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OF ADDRESS REQUIRED. (a) A debtor shall provide the mortgage |
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servicer the address of each owner of record of the property at the |
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time the security instrument for the debt is executed. |
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(b) A debtor shall inform the mortgage servicer of the debt |
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in a reasonable manner of any change of address of the debtor or |
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owner of record for purposes of providing notice to the debtor or |
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owner under Section 51.002. An owner of record may inform the |
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mortgage servicer of the debt in a reasonable manner of any change |
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of address of the owner. |
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(c) For the purposes of providing notice to an owner of |
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record under Section 51.002, the last known address of the owner is |
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the address as shown by the records of the mortgage servicer of the |
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security instrument unless the debtor or owner provided the current |
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mortgage servicer a written change of address before the date the |
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mortgage servicer mailed the notice. |
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SECTION 3. The changes in law made by this Act apply only to |
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a security instrument executed on or after the effective date of |
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this Act. A security instrument executed before the effective date |
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of this Act is governed by the law that applied to the instrument |
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immediately before that date, and the former law is continued in |
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effect for that purpose. |
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SECTION 4. This Act takes effect September 1, 2015. |