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  H.B. No. 219
 
 
 
 
AN ACT
  relating to the release of a deed of trust or other contract lien
  securing a home loan after payoff by mortgagor.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter B, Chapter 343, Finance Code, is
  amended by adding Section 343.108 to read as follows:
         Sec. 343.108.  RELEASE OF LIEN AFTER PAYOFF BY MORTGAGOR.
  (a)  In this section:
               (1)  "Mortgage servicer," "mortgagee," and "mortgagor"
  have the meanings assigned by Section 51.0001, Property Code.
               (2)  "Release of lien" means a release of a deed of
  trust or other lien securing a home loan.
         (b)  Except as provided by Subsection (c), not later than the
  60th day after the date a mortgage servicer or mortgagee, as
  applicable, receives the correct payoff amount for a home loan from
  a mortgagor, the mortgage servicer or mortgagee shall:
               (1)  deliver to the mortgagor a release of lien for the
  home loan; or
               (2)  file the release of lien with the appropriate
  county clerk's office for recording in the real property records of
  the county.
         (c)  If, on or before the 20th day after the date of the
  payoff of the home loan, the mortgagor delivers a written request to
  the mortgagee or mortgage servicer for the release of lien to be
  delivered to the mortgagor or filed with the county clerk, the
  mortgagee or mortgage servicer shall deliver or file the release of
  lien not later than the 30th day after the date the mortgagee or
  mortgage servicer receives the written request from the mortgagor.
         (d)  Chapter 349 does not apply to this section.
         (e)  A mortgage servicer is required to comply with this
  section only if the mortgage servicer has the authority to deliver
  or file a release of lien for the home loan.
         SECTION 2.  To the extent of a conflict between Section
  343.108, Finance Code, as added by this Act, and a provision of a
  home loan agreement entered into before the effective date of this
  Act, the provision of the home loan agreement prevails.
         SECTION 3.  This Act takes effect September 1, 2023.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 219 was passed by the House on April
  19, 2023, by the following vote:  Yeas 146, Nays 0, 1 present, not
  voting.
 
  ______________________________
  Chief Clerk of the House   
 
 
         I certify that H.B. No. 219 was passed by the Senate on May
  16, 2023, by the following vote:  Yeas 31, Nays 0.
 
  ______________________________
  Secretary of the Senate    
  APPROVED:  _____________________
                     Date          
   
            _____________________
                   Governor