Bill Text: TX HB831 | 2015-2016 | 84th Legislature | Enrolled

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Bill Title: Relating to disclosure of home mortgage information to a surviving spouse.

Spectrum: Slight Partisan Bill (Democrat 2-1)

Status: (Passed) 2015-06-16 - Effective on 9/1/15 [HB831 Detail]

Download: Texas-2015-HB831-Enrolled.html

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H.B. No. 831

AN ACT
relating to disclosure of home mortgage information to a surviving
spouse.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter B, Chapter 343, Finance Code, is
amended by adding Section 343.103 to read as follows:
Sec. 343.103. DISCLOSURE OF MORTGAGE INFORMATION TO
SURVIVING SPOUSE. (a) In this section:
(1) "Estate" has the meaning assigned by Section
22.012, Estates Code.
(2) "Heir" has the meaning assigned by Section 22.015,
Estates Code.
(3) "Mortgage servicer" and "mortgagor" have the
meanings assigned by Section 51.0001, Property Code.
(b) Not later than the 30th day after a mortgage servicer of
a home loan receives a request for the information from the
surviving spouse of a mortgagor of the home loan, accompanied by the
proof required under Subsection (c), the mortgage servicer shall
provide the surviving spouse with information that the mortgagor
would have received in a standard monthly statement, including:
(1) the current balance information, including the due
dates and the amount of any installments;
(2) whether the loan is current and any amounts that
are delinquent;
(3) any loan number; and
(4) the amount of any escrow deposit for taxes and
insurance purposes.
(c) A surviving spouse must prove the person's status by
providing:
(1) a death certificate of the mortgagor;
(2) an affidavit of disinterested witnesses that is in
the form referenced in Section 203.002, Estates Code, including
language stating that the surviving spouse was married to the
mortgagor at the time of the mortgagor's death; and
(3) an affidavit signed by the surviving spouse
stating that the surviving spouse is currently residing in the
underlying mortgaged property as the primary residence.
(d) The request from the surviving spouse must also include
a notice to the mortgage servicer that states in bold-faced,
capital, or underlined letters: "THIS REQUEST IS MADE PURSUANT TO
TEXAS FINANCE CODE SECTION 343.103. SUBSEQUENT DISCLOSURE OF
INFORMATION IS NOT IN CONFLICT WITH THE GRAMM-LEACH-BLILEY ACT
UNDER 15 U.S.C. SECTION 6802(e)(8)."
(e) A mortgage servicer that provides the information as
required under this section is not liable to the estate of the
mortgagor or any heir or beneficiary of the mortgagor as a result of
providing this information to the surviving spouse.
SECTION 2. This Act takes effect September 1, 2015.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 831 was passed by the House on May 5,
2015, by the following vote: Yeas 141, Nays 2, 2 present, not
voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 831 was passed by the Senate on May
22, 2015, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor