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A BILL TO BE ENTITLED
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AN ACT
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relating to the recording and effective date of certain documents |
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relating to nonjudicial foreclosure sales. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 12, Property Code, is amended by adding |
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Section 12.0012 to read as follows: |
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Sec. 12.0012. INSTRUMENTS CONCERNING REAL PROPERTY SUBJECT |
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TO A FORECLOSURE SALE. (a) Notwithstanding Section 12.0011(b), |
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the following documents received by the county clerk in the manner |
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provided by Subsection (b) shall be recorded by the clerk and serve |
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as notice of the matter document: |
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(1) an instrument appointing or authorizing a trustee |
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or substitute trustee to exercise the power of sale in a security |
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instrument; |
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(2) a notice of sale pursuant to which the sale under a |
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power of sale occurred; |
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(3) a notice of default on which the sale evidenced by |
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a deed conveying title from a trustee or substitute trustee to a |
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purchaser occurred; |
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(4) documentation from the United States Department of |
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Defense indicating that a debtor was not on active duty military |
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service on the date of a foreclosure sale; |
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(5) a statement of facts regarding a foreclosure sale |
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prepared by an attorney representing the trustee, substitute |
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trustee, or mortgage servicer; or |
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(6) proof of service of the mailing of any notice |
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related to a foreclosure sale. |
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(b) A document described by Subsection (a) shall be accepted |
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for recording pursuant to Subsection (a) if it is attached as an |
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exhibit to: |
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(1) a deed that conveys title from a trustee or |
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substitute trustee to a purchaser at a foreclosure sale and that |
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meets the requirements for recording under Section 12.0011(b); or |
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(2) an affidavit of a trustee or substitute trustee |
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that meets the requirements for recording under Section 12.0011(b) |
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and relates to a foreclosure sale. |
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(c) This section does not prevent the recording of documents |
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in any other manner allowed by law. |
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SECTION 2. Chapter 51, Property Code, is amended by adding |
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Section 51.0076 to read as follows: |
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Sec. 51.0076. EFFECTIVE DATE OF APPOINTMENT. The |
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appointment or authorization of a trustee or substitute trustee |
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made in a notice of sale is effective as of the date of the notice if |
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the notice: |
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(1) complies with Sections 51.002 and 51.0075(e); |
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(2) is signed by an attorney or agent of the mortgagee |
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or mortgage servicer; and |
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(3) contains a statement in all capital letters, |
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boldface type, to read as follows: |
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THIS INSTRUMENT APPOINTS THE SUBSTITUTE TRUSTEE(S) |
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IDENTIFIED TO SELL THE PROPERTY DESCRIBED IN THE SECURITY |
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INSTRUMENT IDENTIFIED IN THIS NOTICE OF SALE THE PERSON |
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SIGNING THIS NOTICE IS THE ATTORNEY OR AUTHORIZED AGENT |
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OF THE MORTGAGEE OR MORTGAGE SERVICER. |
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SECTION 3. The changes to law made by this Act apply only to |
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a sale for which a notice is required under Section 51.002, Property |
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Code, on or after the effective date of this Act. A sale for which a |
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notice is required under Section 51.002, Property Code, before the |
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effective date of this Act is governed by the law as it existed |
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immediately before the effective date of this Act, and that law is |
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continued in effect for that purpose. |
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SECTION 4. This Act takes effect September 1, 2015. |