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A BILL TO BE ENTITLED
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AN ACT
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relating to liens on and foreclosure sales of real property. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 24.005(b), Property Code, is amended to |
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read as follows: |
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(b) If the occupant is a tenant at will or by sufferance, the |
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landlord must give the tenant at least three days' written notice to |
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vacate before the landlord files a forcible detainer suit unless |
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the parties have contracted for a shorter or longer notice period in |
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a written lease or agreement. If a building is purchased at a tax |
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foreclosure sale or a trustee's foreclosure sale under a lien |
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superior to the tenant's lease and the tenant timely pays rent and |
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is not otherwise in default under the tenant's lease after |
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foreclosure, the purchaser must give a residential tenant of the |
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building at least 90 [30] days' written notice to vacate if the |
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purchaser chooses not to continue the lease. The tenant is |
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considered to timely pay the rent under this subsection if, during |
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the month of the foreclosure sale, the tenant pays the rent for that |
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month to the landlord before receiving any notice that a |
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foreclosure sale is scheduled during the month or pays the rent for |
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that month to the foreclosing lienholder or the purchaser at |
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foreclosure not later than the fifth day after the date of receipt |
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of a written notice of the name and address of the purchaser that |
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requests payment. Before a foreclosure sale, a foreclosing |
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lienholder may give written notice to a tenant stating that a |
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foreclosure notice has been given to the landlord or owner of the |
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property and specifying the date of the foreclosure. |
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SECTION 2. Section 51.002(d), Property Code, is amended to |
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read as follows: |
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(d) Notwithstanding any agreement to the contrary, the |
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mortgage servicer of the debt shall serve a debtor in default under |
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a deed of trust or other contract lien on residential real property |
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[used as the debtor's residence] with written notice by certified |
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mail, and first class regular mail, addressed to the debtor at the |
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debtor's last known address stating that the debtor is in default |
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under the deed of trust or other contract lien and giving the debtor |
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at least 45 [20] days to cure the default before notice of sale can |
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be given under Subsection (b). The entire calendar day on which the |
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notice required by this subsection is given, regardless of the time |
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of day at which the notice is given, is included in computing the |
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45-day [20-day] notice period required by this subsection, and the |
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entire calendar day on which notice of sale is given under |
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Subsection (b) is excluded in computing the 45-day [20-day] notice |
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period. |
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SECTION 3. Chapter 51, Property Code, is amended by adding |
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Section 51.012 to read as follows: |
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Sec. 51.012. WAIVER. A provision of a contract, agreement, |
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or other document that purports to waive a right of a debtor or |
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exempt a mortgage servicer, mortgagee, trustee, substitute |
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trustee, or government official from a duty under this chapter is |
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void. |
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SECTION 4. (a) Section 24.005(b), Property Code, as |
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amended by this Act, applies only to a notice to vacate residential |
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real property purchased at a foreclosure sale on or after the |
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effective date of this Act. Notice to vacate residential real |
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property purchased at a foreclosure sale before the effective date |
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of this Act is governed by the law in effect immediately before the |
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effective date of this Act, and that law is continued in effect for |
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that purpose. |
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(b) Except as provided by this section, Chapter 51, Property |
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Code, as amended by this Act, applies only to a sale of residential |
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real property in which notice of default under Section 51.002, |
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Property Code, is provided on or after September 1, 2009. A sale in |
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which notice of default is provided before September 1, 2009, is |
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subject to the law in effect immediately before the effective date |
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of this Act, and that law is continued in effect for that purpose. |
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SECTION 5. This Act takes effect September 1, 2009. |