| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to providing notice of foreclosure to certain lien |
|
|
holders. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Sections 51.002(b) and (e), Property Code, are |
|
|
amended to read as follows: |
|
|
(b) Except as provided by Subsection (b-1), notice of the |
|
|
sale, which must include a statement of the earliest time at which |
|
|
the sale will begin, must be given at least 21 days before the date |
|
|
of the sale by: |
|
|
(1) posting at the courthouse door of each county in |
|
|
which the property is located a written notice designating the |
|
|
county in which the property will be sold; |
|
|
(2) filing in the office of the county clerk of each |
|
|
county in which the property is located a copy of the notice posted |
|
|
under Subdivision (1); and |
|
|
(3) serving written notice of the sale by certified |
|
|
mail on: |
|
|
(A) each debtor who, according to the records of |
|
|
the mortgage servicer of the debt, is obligated to pay the debt; and |
|
|
(B) each holder of a lien on the property subject |
|
|
to foreclosure, as reflected in the real property records of the |
|
|
county in which the property is located. |
|
|
(e) Service of a notice under this section by certified mail |
|
|
is complete when the notice is deposited in the United States mail, |
|
|
postage prepaid and addressed to the person described by Subsection |
|
|
(b)(3) [debtor] at the person's [debtor's] last known address. The |
|
|
affidavit of a person knowledgeable of the facts to the effect that |
|
|
service was completed is prima facie evidence of service. |
|
|
SECTION 2. Sections 209.010(a) and (b), Property Code, are |
|
|
amended to read as follows: |
|
|
(a) A property owners' association that conducts a |
|
|
foreclosure sale of an owner's lot must send, [to the lot owner] not |
|
|
later than the 30th day after the date of the foreclosure sale, a |
|
|
written notice stating the date and time the sale occurred to: |
|
|
(1) the lot owner [and] informing the [lot] owner of |
|
|
the owner's right to redeem the property under Section 209.011; and |
|
|
(2) each record holder of a lien on the property sold |
|
|
at the foreclosure sale. |
|
|
(b) The notice must be sent by certified mail, return |
|
|
receipt requested, to the [lot owner's] last known mailing address |
|
|
of: |
|
|
(1) the lot owner, as reflected in the records of the |
|
|
property owners' association; and |
|
|
(2) each record holder of a lien on the property sold |
|
|
at the foreclosure sale, as reflected in the real property records |
|
|
of the county in which the property is located. |
|
|
SECTION 3. The changes in law made by this Act apply only to |
|
|
a notice required to be provided on or after September 1, 2009. A |
|
|
notice required to be provided before September 1, 2009, is |
|
|
governed by the law in effect immediately before that date, and that |
|
|
law is continued in effect for that purpose. |
|
|
SECTION 4. This Act takes effect September 1, 2009. |