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Texas Senate Passes New Foreclosure Law

I’m not fond of “Big Government”.  Nor am I a fan of “Excessive Government Oversight” of business. 

 

Is oversight necessary?  Absolutely!  But in my opinion, laws that are made to protect “the public” usually swing so far to the other side that everyone is negatively affected, even those that are supposed to be protected. 

 

However, a new bill just passed by the Texas Senate, SB 472 regarding Foreclosures may be a win-win situation for everyone.  If the Bill becomes Law, it will go into effect for all foreclosures after September 1, 2009.

 

The following is non-legal summary of that bill:

 

Texas SB 472

 

The Mortgage Bankers Association of America has recently reported that at least one in ten Texas homeowners are at risk of default and foreclosure.

 

Last fall, Texas Attorney General Greg Abbott recommended that the legislature consider lengthening to 45 days the time frame allowed to a debtor in default to cure a loan default before a notice of sale. Current state law provides homeowners a 20-day window to cure a default.

 

This bill extends the cure period on a pending foreclosure from 20 to 45 days. The bill requires lenders to contact the borrower by telephone or in person and to extend a 30 day time-period from the date of foreclosure to homeowners and renters in order to vacate the property.

 

The bill authorizes the Office of the Attorney General to create a model “notice of foreclosure” form, that would include a definition of mortgage foreclosure, a reminder that homeowners have 45 days to cure defaulted loans, all rights and options available to homeowners seeking to save their homes, a warning about foreclosure rescue scams,

and a listing of resources available to homeowners, for mortgage companies to use.

 

The bill requires debtors to notify any tenants of a pending foreclosure within seven days.

Ø      Requires a purchaser of a property at a foreclosure sale for which notice was given to deliver to the tenant not later than 24 hours after the time of the foreclosure sale a notice to vacate the property that states the tenant’s rights under this chapter and Chapter 51 (Provisions Generally Applicable to Liens).

Ø      Requires the attorney general to prescribe the contents of the notice. Authorizes the purchaser to require the tenant to vacate the property before the period prescribed by Section 51.002(i) only for failure to pay rent or other payment due under the lease agreement, including a late fee, as of the date of sale.

 

 

Ø      Requires the mortgage servicer, notwithstanding any agreement to the contrary, to serve a debtor in default under a deed of trust or other contract lien on real property used as the debtor’s residence with written notice by certified mail stating that the debtor is in default under the deed of trust or other contract lien and giving the debtor at least 45, rather than 20, days to cure the default before the notice of sale can be given

Ø      Requires a mortgage servicer of the debt, in addition to the notice provided by to serve the debtor with a written notice under this subsection. Requires that the notice be printed on a separate sheet of canary yellow or a similarly colored yellow paper that is eight and one half by 11 inches or larger and affixed to the notice of default provided.

Ø      Requires the attorney general to prescribe the contents of the notice. Requires that the notice include a statement that the notice provided by the mortgage servicer is required by law; a description of the process of foreclosure on a mortgage; a statement that the debtor in default has 45 days to cure the default; a description of the options available to the debtor in default to prevent the foreclosure; a description of resources available to the debtor in default to assist in preventing the foreclosure; a list of resources the debtor is authorized to contact for assistance in filing a complaint concerning the foreclosure process; and a statement that the debtor is required to serve a copy of the notice of sale on each tenant as prescribed.

Ø      Requires the mortgage servicer of the debt, in addition to the notices provided, not later than the fifth day after the date the notices are mailed under, to attempt and make every reasonable effort to contact the debtor in default by telephone if the debtor has telephone service and provide the debtor with the same information provided in the notices.

 

 

Sale of Property

 

Ø      Provides that if a sale of property occurs, the tenant of the debtor who timely pays rent is not required to vacate the property before the 31st day after the date of the sale and the debtor is not required to vacate the property before the 14th day after the date of the sale.

Ø      Provides that a debtor who retains possession of the property during the period described (relating to the debtor not being required to vacate the property before the 14th day after the date of sale) is prohibited from destroying, damaging, impairing, allowing to deteriorate, or committing waste on the property; and is liable to the purchaser for the damage caused by a violation, and to the injured party for any injury to an individual or damage to any property occurring during the period of possession.

 

Notification to Tenants

 

Requires the debtor, not later than the seventh day after the date a debtor receives a notice of sale under, to serve a copy of the notice on each tenant of the property by personal delivery to the tenant; certified mail, return receipt requested, to the tenant; or leaving

the notice inside the dwelling in a conspicuous place if notice in that manner is authorized in a written lease.

 

Foreclosure Prevention Network

Providing Short Sale Negotiation, Training and Loan Modification

Address: PO Box 1998 Spring TX 77383.

E-Mail: info@TrademarkForeclosurePrevention.com

Web Site:  http://www.TrademarkForeclosurePrevention.com

Blog:  http://www.shortsalereporter.com

 

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