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2018 SESSION
HB 755 Foreclosure; notice of sale when owner is deceased.
Introduced by: James A. "Jay" Leftwich | all patrons ... notes | add to my profiles | history
SUMMARY AS PASSED HOUSE:
Foreclosure; notice of sale when owner is deceased. Provides that when the owner of a property to be sold by a trustee pursuant to a deed of trust is deceased, the notice of the sale shall be delivered to the last known address of the deceased owner, any personal representative of the deceased's estate, and any heirs of the deceased as recorded in the land records where the property is located. The bill further provides that the trustee of a deed of trust for property that is sold after the death of the owner shall include (i) any remaining subsequent debts and obligations secured by the deed and (ii) any liens of record inferior to the deed of trust under which the sale is made, with lawful interest, in the list of debts to be paid off using any surplus from the sale prior to paying the remainder of the surplus to the decedent's personal representative. This bill is identical to SB 422.
SUMMARY AS INTRODUCED:
Foreclosure; notice of sale when owner is deceased. Provides that when the owner of a property to be sold by a trustee pursuant to a deed of trust is deceased, the notice of the sale shall be delivered to the last known address of the deceased owner, any personal representative of the deceased's estate, and any heirs of the deceased as recorded in the land records where the property is located.