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A BILL TO BE ENTITLED
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AN ACT
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relating to notice of a foreclosure sale of 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) and (g), Property Code, are |
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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 60 [21] days before the |
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date 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 debtor who, according to the records of the mortgage |
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servicer of the debt, is obligated to pay the debt. |
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(g) The entire calendar day on which the notice of sale is |
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given, regardless of the time of day at which the notice is given, |
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is included in computing the 60-day [21-day] notice period required |
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by Subsection (b), and the entire calendar day of the foreclosure |
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sale is excluded. |
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SECTION 2. Chapter 51, Property Code, is amended by adding |
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Section 51.0022 to read as follows: |
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Sec. 51.0022. PUBLICATION OF NOTICE. (a) A person required |
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to provide notice under Section 51.002(b) of the sale of real |
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property: |
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(1) shall publish in a newspaper of general |
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circulation in each county in which the property is located at least |
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once each week for four consecutive weeks beginning not earlier |
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than the 35th day or later than the 28th day before the date of the |
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sale notice that states the place of the sale and provides a |
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description of the property sufficient to identify the property's |
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location; and |
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(2) may also have the notice described by Subdivision |
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(1) posted on the newspaper's website. |
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(b) The notice published under this section must, at a |
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minimum, read substantially similar to the following: |
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"On the __________ day of _____, 20__, the lienholder listed |
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below began a foreclosure proceeding on a lien against the real |
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property described below by filing a notice with the County Clerk of |
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__________ County, Texas, as prescribed by law. |
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Lienholder's name: |
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Lienholder's mailing address: |
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Lienholder's telephone number: |
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Lienholder's e-mail address: |
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The debtor listed below and all interested parties are hereby |
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given notice that sale of that property will be conducted on |
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(date/mm/dd/yyyy) ______________, between the hours of 10 a.m. and |
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4 p.m. at (location): _______________________. |
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Debtor's name: |
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Property subject to foreclosure: |
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Street address: |
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City, state, and zip code: |
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Legal description: |
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" |
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(c) A newspaper that publishes a notice under Subsection (a) |
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shall submit to the person required to provide notice under Section |
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51.002(b): |
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(1) a bill for publication with a clipping of the |
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published notice; and |
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(2) the publisher's affidavit of: |
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(A) the fee for publishing the notice; and |
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(B) the dates the notice was published. |
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(d) Not later than the 25th day after the date of the sale, |
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the person required to provide notice under Section 51.002(b) shall |
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file with the county clerk an affidavit that provides the |
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publisher's affidavit. |
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(e) A county clerk shall maintain all notices, including any |
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affidavit, filed under this section in a manner available for |
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public examination during the clerk's normal business hours. The |
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clerk may dispose of a notice, including any affidavit, on or after |
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the 60th day after the date of sale specified in the notice has |
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passed. The clerk shall receive a fee of $2 for each notice or |
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affidavit filed. |
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SECTION 3. The changes in law made by this Act apply only to |
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a notice of sale required to be provided under Section 51.002, |
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Property Code, on or after September 1, 2009. A notice of sale |
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required to be provided under Section 51.002, Property Code, before |
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September 1, 2009, is governed by the law in effect immediately |
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preceding the effective date of this Act, and the former law is |
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continued in effect for that purpose. |
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SECTION 4. This Act takes effect September 1, 2009. |