Wednesday, July 23, 2014

CS/HB 643 - Foreclosure Fraud

General Bill   by Jobs & Entrepreneurship Council and Ford (CO-SPONSORS) Ambler; Brisé; Bucher; Bullard; Chestnut; Gibbons; Gibson, H.; Gonzalez; Hasner; Homan; Hukill; McKeel; Patronis; Reagan; Richardson; Richter; Roberson, Y.; Schenck; Schultz; Weatherford; Zapata
Foreclosure Fraud: Provides legislative findings & intent relating to need to protect homeowners who enter into agreements designed to save homes from foreclosure; prohibits foreclosure consultants from engaging in specified acts or failing to perform contracted services; requires all agreements for foreclosure-related services & foreclosure-rescue services to be in writing; specifies required information in written agreements; requires statements in written agreements to be in uppercase letters of specified size; provides homeowners with right to cancel agreement for specified period & specifies right may not be waived; provides homeowner has specified period during which to cure defaults; requires equity purchasers to verify homeowner's ability to make payments under repurchase agreement; provides for rebuttable presumption of specified transactions being unconscionable; provides that foreclosure-rescue transactions involving lease option or other repurchase agreement create rebuttable presumption that transaction is loan transaction & conveyance from homeowner to equity purchaser is mortgage; provides for limited application of presumptions & for exclusions; provides that persons who violate specified provisions commits unfair & deceptive trade practice; repeals provision relating to violations involving individual homeowners during course of residential foreclosure proceedings.
Effective Date: October 1, 2008
Last Event: 05/28/08 Approved by Governor; Chapter No. 2008-79 on Wednesday, May 28, 2008 2:58 PM
Date Available for Final Passage: Friday, March 28, 2008 3:33 PM

Referred Committees and Committee Actions

House Referrals

    -   Jobs & Entrepreneurship Council
           On agenda for: 03/13/08 11:00 AM              Notice
        Favorable With Council Substitute (final action)              See Votes
 
        -   Committee on Financial Institutions
           On agenda for: 03/06/08 2:30 PM              Notice
        Favorable With Amendments (1) (final action)              See Votes
 

Related Bills

Bill # Subject Relationship
CS/CS/SB 992 Foreclosure Fraud [EPCC] Identical
HB 835 Mortgage Rescue Fraud Compare
SB 2214 Mortgage Rescue Fraud Act [EPCC] Compare

Bill Text

Enrolled  
Engrossed 1 
Committee Substitute 1  
841213 , Brisé Date Filed: 03/25/08, Page#: 0, Line#: 358 House: Withdrawn 3/26/2008 3:32:01 PM
533109 , Ford Date Filed: 03/25/08, Page#: 0, Line#: 0 House: Adopted 3/26/2008 3:33:27 PM
AA 263841 , Brisé Date Filed: 03/25/08, Page#: 0, Line#: 0 House: Failed 3/26/2008 3:20:21 PM
AA 494651 , Brisé Date Filed: 03/25/08, Page#: 0, Line#: 136 House: Withdrawn 3/26/2008 3:31:55 PM
SA 540703 (late) , Brisé Date Filed: 03/26/08, Page#: 0, Line#: 144
AA 630083 (late) , Brisé Date Filed: 03/26/08, Page#: 0, Line#: 144 House: Not Allowed for Consideration 3/26/2008 3:21:58 PM
AA 515637 , Brisé Date Filed: 03/25/08, Page#: 0, Line#: 322 House: Failed 3/26/2008 3:29:27 PM
Original Filed Version  

Staff Analysis

Vote History

Chamber Date Yeas Nays Action Action 2 Vote Detail Barcode
House 03/26/2008 03:29 PM   41 72 Vote [Seq# 634] 515637
House 03/26/2008 03:42 PM   113 0 Passage Vote [Seq# 635]
Senate 05/01/2008 10:19 AM   38 0 Vote [Seq# 9]

Bill History

Event Time Member Committee
05/28/08 Approved by Governor; Chapter No. 2008-79 Wednesday, May 28, 2008 2:58 PM
05/16/08 Signed by Officers and presented to Governor Friday, May 16, 2008 5:03 PM
Ordered enrolled Thursday, May 01, 2008 11:23 AM
In Messages Thursday, May 01, 2008 11:23 AM
05/01/08 S CS passed; YEAS 38 NAYS 0 -SJ 01100 Thursday, May 01, 2008 10:18 AM
05/01/08 S Read 3rd time -SJ 01100 Thursday, May 01, 2008 10:17 AM
04/30/08 S Read 2nd time -SJ 01080 Wednesday, April 30, 2008 4:31 PM
04/30/08 S Substituted for CS/CS/SB 992 -SJ 01080 Wednesday, April 30, 2008 4:31 PM
04/30/08 S Withdrawn from Banking and Insurance; Judiciary -SJ 01080 Wednesday, April 30, 2008 4:31 PM
04/29/08 S Received, referred to Banking and Insurance; Judiciary -SJ 00978 Tuesday, April 29, 2008 7:23 PM
Message sent to senate Wednesday, April 02, 2008 7:51 PM
04/02/08 S In Messages Wednesday, April 02, 2008 7:35 PM
Message sent to senate Wednesday, April 02, 2008 7:35 PM
Passage on third reading Wednesday, March 26, 2008 3:42 PM
CS passed as amended; YEAS 113, NAYS 0 Wednesday, March 26, 2008 3:41 PM
Amendment 533109 adopted Wednesday, March 26, 2008 3:33 PM
Amendment 841213 withdrawn Wednesday, March 26, 2008 3:32 PM
Read 3rd time Wednesday, March 26, 2008 3:31 PM
Amendment 494651 withdrawn Wednesday, March 26, 2008 3:31 PM
Amendment 533109 adopted as amended Wednesday, March 26, 2008 3:31 PM
Amendment 515637 Failed Wednesday, March 26, 2008 3:29 PM
Amendment 630083 not allowed for consideration Wednesday, March 26, 2008 3:21 PM
Amendment No Action Wednesday, March 26, 2008 3:21 PM
Amendment 263841 Failed Wednesday, March 26, 2008 3:20 PM
Amendment No Action Wednesday, March 26, 2008 3:20 PM
Amendment No Action Wednesday, March 26, 2008 3:18 PM
Amendment No Action Wednesday, March 26, 2008 3:18 PM
Amendment No Action Wednesday, March 26, 2008 2:57 PM
Read 2nd time Wednesday, March 26, 2008 2:52 PM
Amendment 630083 withdrawn Wednesday, March 26, 2008 2:52 PM
Amendment 263841 withdrawn Wednesday, March 26, 2008 2:52 PM
Amendment 515637 withdrawn Wednesday, March 26, 2008 2:52 PM
Amendment 630083 filed late Wednesday, March 26, 2008 1:33 PM
Amendment 540703 filed late Wednesday, March 26, 2008 1:23 PM
Amendment 515637 filed Tuesday, March 25, 2008 4:39 PM
Amendment 263841 filed Tuesday, March 25, 2008 4:39 PM
Amendment 494651 filed Tuesday, March 25, 2008 4:39 PM
Amendment 533109 filed Tuesday, March 25, 2008 1:05 PM
Amendment 841213 filed Tuesday, March 25, 2008 12:11 PM
Bill added to Special Order Calendar (3/26/2008) Monday, March 24, 2008 6:31 PM
Added to Second Reading Calendar Monday, March 17, 2008 7:03 PM
Bill referred to House Calendar Monday, March 17, 2008 7:03 PM
1st Reading Friday, March 14, 2008 6:27 PM
CS Filed Friday, March 14, 2008 12:33 PM
Laid on Table under Rule 7.19 Friday, March 14, 2008 12:33 PM
Reported out of Jobs & Entrepreneurship Council Friday, March 14, 2008 12:32 PM Jobs & Entrepreneurship Council
Favorable with CS by Jobs & Entrepreneurship Council Thursday, March 13, 2008 12:00 PM Jobs & Entrepreneurship Council
Added to Jobs & Entrepreneurship Council agenda Tuesday, March 11, 2008 4:23 PM Jobs & Entrepreneurship Council
Now in Jobs & Entrepreneurship Council Monday, March 10, 2008 10:44 AM Jobs & Entrepreneurship Council
Reported out of Committee on Financial Institutions Monday, March 10, 2008 10:44 AM Committee on Financial Institutions
Favorable with 1 amendments by Committee on Financial Institutions Thursday, March 06, 2008 3:30 PM Committee on Financial Institutions
1st Reading Tuesday, March 04, 2008 10:58 PM
Added to Committee on Financial Institutions agenda Tuesday, March 04, 2008 4:21 PM Committee on Financial Institutions
Now in Committee on Financial Institutions Thursday, February 07, 2008 5:50 PM Committee on Financial Institutions
Referred to Committee on Financial Institutions by Jobs & Entrepreneurship Council Thursday, February 07, 2008 5:50 PM Committee on Financial Institutions
Now in Jobs & Entrepreneurship Council Sunday, January 27, 2008 4:53 PM Jobs & Entrepreneurship Council
Referred to Jobs & Entrepreneurship Council Sunday, January 27, 2008 4:53 PM Jobs & Entrepreneurship Council
Filed Tuesday, January 22, 2008 8:21 AM Ford

Statutes Referenced by this Bill

501.2078
 

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