BILL ANALYSIS |
C.S.H.B. 4107 |
By: Neave |
Judiciary & Civil Jurisprudence |
Committee Report (Substituted) |
BACKGROUND AND PURPOSE
Interested parties contend that additional safeguards are needed to ensure that the abatement process for certain expedited foreclosure proceedings provides for the completion of any concurrent loan modification efforts. C.S.H.B. 4107 seeks to address this issue by requiring the Supreme Court of Texas to adopt certain rules of civil procedure pertaining to that abatement process.
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CRIMINAL JUSTICE IMPACT
It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.
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RULEMAKING AUTHORITY
It is the committee's opinion that rulemaking authority is expressly granted to the Supreme Court of Texas in SECTION 1 of this bill.
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ANALYSIS
C.S.H.B. 4107 amends the Government Code to require the Supreme Court of Texas to adopt rules of civil procedure providing for abatement, in appropriate cases, of expedited foreclosure proceedings relating to a lien for a certain extension of credit or to the foreclosure of a reverse mortgage lien that requires a court order, to facilitate completion of a loan modification effort while preserving the expedited character of proceedings conducted under a specified provision of the Texas Rules of Civil Procedure. The bill requires the supreme court to initiate proceedings to adopt those rules on or before the 90th day after the bill's effective date.
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EFFECTIVE DATE
September 1, 2017.
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COMPARISON OF ORIGINAL AND SUBSTITUTE
While C.S.H.B. 4107 may differ from the original in minor or nonsubstantive ways, the following comparison is organized and formatted in a manner that indicates the substantial differences between the introduced and committee substitute versions of the bill.
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