Sec. 51.0011. DEFAULT ARISING FROM DELINQUENT AD VALOREM TAXES: INSTALLMENT AGREEMENTS. (a) Notwithstanding any agreement to the contrary, a debtor is not in default under a deed of trust or other contract lien on real property used as the debtor's residence for the delinquent payment of ad valorem taxes if:
(1) the debtor gave notice to the mortgage servicer of the intent to enter into an installment agreement with the taxing unit under Section 33.02, Tax Code, for the payment of the taxes at least 10 days before the date the debtor entered into the agreement; and
(2) the property is protected from seizure and sale and a suit may not be filed to collect a delinquent tax on the property as provided by Section 33.02(d), Tax Code.
(b) A mortgage servicer who receives a notice described by Subsection (a)(1) may pay the taxes subject to the installment agreement at any time.
(c) A mortgage servicer who receives a notice described by Subsection (a)(1) and gives the debtor notice that the mortgage servicer intends to accelerate the note securing the deed of trust or other contract lien as a result of the delinquency of the taxes that are subject to the installment agreement must rescind the notice if the debtor enters into the agreement not later than the 30th day after the date the debtor delivers the notice.
Added by Acts 2013, 83rd Leg., R.S., Ch. 935 (H.B. 1597), Sec. 4, eff. September 1, 2013.
Structure Texas Statutes
Title 5 - Exempt Property and Liens
Chapter 51 - Provisions Generally Applicable to Liens
Section 51.001. Effect on Other Liens
Section 51.0011. Default Arising From Delinquent Ad Valorem Taxes: Installment Agreements
Section 51.002. Sale of Real Property Under Contract Lien
Section 51.0021. Notice of Change of Address Required
Section 51.0025. Administration of Foreclosure by Mortgage Servicer
Section 51.003. Deficiency Judgment
Section 51.004. Judicial Foreclosure--Deficiency
Section 51.005. Judicial or Nonjudicial Foreclosure After Judgment Against Guarantor--Deficiency
Section 51.006. Deed-of-Trust Foreclosure After Deed in Lieu of Foreclosure
Section 51.007. Trustee Under Deed of Trust, Contract Lien or Security Instrument
Section 51.0074. Duties of Trustee
Section 51.0075. Authority of Trustee or Substitute Trustee
Section 51.0076. Effective Date of Appointment
Section 51.008. Certain Liens on Real Property
Section 51.009. Foreclosed Property Sold "As Is"
Section 51.015. Sale of Certain Property Owned by Member of the Military