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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