Texas § BC.21.001 - DEFINITIONS

§ BC.21.001. DEFINITIONS

DEFINITIONS. (a) In this chapter: (1) "Foreclosure consultant" means a person who makes a solicitation, representation, or offer to a homeowner to perform for compensation, or who for compensation performs, a service that the person represents will do any of the following: (A) prevent or postpone a foreclosure sale; (B) obtain a forbearance from: (i) a mortgagee; (ii) a beneficiary of a deed of trust; or (iii) another person who holds a lien secured by the residence in foreclosure; (C) assist the homeowner: (i) to cure the default giving rise to the foreclosure action; or (ii) to exercise the right of reinstatement of the homeowner's obligation secured by the residence in foreclosure; (D) obtain an extension of the period within which the homeowner may reinstate the homeowner's obligation secured by the residence in foreclosure; (E) obtain a waiver of an acceleration clause contained in a promissory note or contract secured by a deed of trust or mortgage on a residence in foreclosure or contained in the deed of trust or mortgage; (F) assist the homeowner to obtain a loan or advance of funds to prevent foreclosure; (G) avoid or ameliorate the impairment of the homeowner's credit resulting from the recording of a notice of default or the conduct of a foreclosure sale; (H) save the homeowner's residence from foreclosure; or (I) assist the homeowner in obtaining excess proceeds from a foreclosure sale of the homeowner's residence. (2) "Homeowner" means a person that holds record title to a residence in foreclosure at the time the foreclosure action has been commenced. (3) "Mortgage servicer" has the meaning assigned by Section 51.0001 , Property Code. (4) "Residence in foreclosure" means residential real property consisting of not more than four single-family dwelling units, at least one of which is occupied as the property owner's principal place of residence, and against which a foreclosure action has been commenced. (b) For purposes of Subsections (a)(2) and (4), a foreclosure action has been commenced if: (1) notice of sale has been filed under Section 51.002 (b), Property Code; or (2) a judicial foreclosure action has been commenced. Added by Acts 2011, 82nd Leg., R.S., Ch. 902 (S.B. 767 ), Sec. 1, eff. September 1, 2011.