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HB 4107 Would Allow Judges to Dismiss Expedited Foreclosure
Thursday, April 13, 2017 6:45 AM

The Texas House Judiciary and Civil Jurisprudence Committee heard HB 4107 by Rep. Victoria Neave (D-Dallas), which would allow a judge to abate or dismiss the application for an expedited foreclosure if the lender fails to give notice in response to the borrower’s loss mitigation application.

The bill seeks to address the problem of "dual tracking," which occurs when a homeowner believes they are in negotiation with their mortgage lender and the lender is pursuing foreclosure.

It would give judges the ability to put the brakes on the process, allowing the loss mitigation process to occur. The homeowner would have to prove they have filed a loss mitigation application to the lender who has 30 days to make a determination and respond to the homeowner.

Neave stated she is working on changes to the bill to address mortgage lenders' concerns and will be offering a committee substitute.

For more information, please contact Texas Credit Union Association President Jeff Huffman at 469-385-6488 or jhuffman@txcua.coop.