Texas Banking Update: The 82nd Texas Legislature and Recent Texas Cases


As in 2009, the big news from this legislative session in Texas was the bills which did not pass. Banks operating in Texas were facing possible foreclosure grace periods, altered limitations periods for consumer debts, construction trust funds and mandatory positive consent to the transfer of personal information. However, all of these bills died during the regular session, and only the less dramatic legislation summarized below was signed by Governor Perry.

A. Standard Payoff Form for Home Loans

Mortgage servicers will be required to use a standard payoff to respond to payoff requests from title companies. The form must include the proposed closing date and an accurate payoff amount, and the servicer must be given at least seven business days to provide the completed form. The form will be created by the Texas Finance Commission and mortgage servicers will need to comply with the new law 90 days after the adoption of the form by the Commission. HB 558; Tex. Fin. Code §343.106.........

B. Unsworn Declarations Allowed in Lieu of Affidavits

Unsworn declarations may be used in lieu of a required written sworn declaration, verification, certification, oath, or affidavit. The declaration must be written and be subscribed to as true under penalty of perjury. HB 3674; Tex. Civ. Prac. & Rem. Code § 132.001.....

C. SCRA Notices

The statutory forms of citation for evictions and notices for foreclosures must inform the recipient of the potential rights or relief available to persons on active military duty under state and federal law. HB 1127; Tex. Prop. Code §§ 24.0051(d), 51.002......

II. Recent Texas Cases

A. Use of Verified Photocopies Allowed for Lost Originals in Real Property Records....

B. Declaratory Judgment as to Mortgagee's Lack of Standing Bars Subsequent Foreclosure Action...

Please see full alert below for more information.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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