Texas § PR.51.0011 - DEFAULT ARISING FROM DELINQUENT AD VALOREM TAXES

§ PR.51.0011. DEFAULT ARISING FROM DELINQUENT AD VALOREM TAXES

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.