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House Amendment 8212

Amendment Text

PAG LIN
  1  1    Amend House File 2373 as follows:
  1  2    #1.  Page 1, by inserting after line 9 the
  1  3 following:
  1  4    "Sec. ___.  Section 16.92, subsection 1, paragraph
  1  5 f, subparagraph (4), Code Supplement 1999, is amended
  1  6 to read as follows:
  1  7    (4)  If after payment of the unpaid balance of the
  1  8 loan secured by the mortgage, the mortgage continues
  1  9 to secure any unpaid obligation due the mortgagee or
  1 10 any unfunded commitment by the mortgagor to the
  1 11 mortgagee, the legal description of the property that
  1 12 will continue to be subject to the mortgage, and the
  1 13 legal description of the property that will be
  1 14 released from the mortgage.
  1 15    Sec. ___.  Section 16.92, subsection 2, paragraph
  1 16 a, subparagraph (1), subparagraph subdivision (b),
  1 17 Code Supplement 1999, is amended to read as follows:
  1 18    (b)  The statement contains the legal description
  1 19 of the property to be released from the mortgage and
  1 20 the legal description of the property that will
  1 21 continue to be subject to the mortgage.
  1 22    Sec. ___.  Section 16.92, subsection 3, paragraph
  1 23 d, subparagraph (2), Code Supplement 1999, is amended
  1 24 to read as follows:
  1 25    (2)  A statement that the certificate is a partial
  1 26 release of the mortgage, and the legal description of
  1 27 the property that will be released from the mortgage,
  1 28 and the legal description of the property that will
  1 29 continue to be subject to the mortgage.
  1 30    Sec.    .  Section 16.92, subsection 7, Code
  1 31 Supplement 1999, is amended to read as follows:
  1 32    7.  PRIOR MORTGAGES.
  1 33    a.  If the real estate lender or closer has
  1 34 notified the division that a mortgage has been paid in
  1 35 full by someone other than the real estate lender or
  1 36 closer, or was paid by the real estate lender or
  1 37 closer under a previous transaction, and an effective
  1 38 release has not been filed of record, the division may
  1 39 execute and record a certificate of release without
  1 40 certification by the real estate lender or closer that
  1 41 payment was made pursuant to a payoff statement and
  1 42 the date payment was received by the mortgagee.  A
  1 43 certificate of release filed pursuant to this
  1 44 subsection is subject to the requirements of
  1 45 subsection 2, paragraph "c".
  1 46    b.  For purposes of this subsection, an effective
  1 47 release has not been filed of record if there appears
  1 48 that a mortgagee in the record chain of title to the
  1 49 mortgage has not, either on the mortgagee's own behalf
  1 50 or by the mortgagee's duly appointed servicer or
  2  1 attorney in fact as established of record by a filed
  2  2 servicing agreement or power of attorney, filed of
  2  3 record either an assignment of the mortgage to another
  2  4 mortgagee in the record chain of title to the mortgage
  2  5 or a release of the mortgagee's interest in the
  2  6 mortgage.  For the purposes of this subsection and
  2  7 subsection 2, paragraph "c", "mortgage servicer"
  2  8 includes a mortgagee for which an effective release
  2  9 has not been filed of record as provided in this
  2 10 paragraph."
  2 11    #2.  Title page, line 1, by inserting after the
  2 12 words "relating to" the following:  "the title
  2 13 guaranty program, mortgage release certificates, and".
  2 14    #3.  By renumbering as necessary.  
  2 15 
  2 16 
  2 17                               
  2 18 HOFFMAN of Crawford
  2 19 HF 2373.701 78
  2 20 tm/cls
     

Text: H08211                            Text: H08213
Text: H08200 - H08299                   Text: H Index
Bills and Amendments: General Index     Bill History: General Index

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