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