Ceremonial Signing of Act providing
Colonia and Low Income Residents
Rights under Contracts for Deed
Law
(Austin, Texas) Today, Governor Rick Perry was joined by
Rep. Harold Dutton (D-Houston) and Sen. Eddie Lucio (D-Brownsville) in the
ceremonial signing of a bill relating to the rights of a purchaser under an
Executory Contract for conveyance of real property.
"After more than 40 years of abuse, the
contracts-for-deed system has finally been fixed once and for all," said John
Henneberger, co-director of the Texas Low Income Housing Information (TLIHIS)
Service, a non-profit entity whose goal is to assist low income Texans.
"For more than 10 years, we have worked with Senator
Lucio to curb the predatory practices of those who would take advantage of low
income residents. With this bill, Senator Lucio has ensured that residents of
colonias and low income neighborhoods all along the Border will no longer be
subject to arbitrarily losing their homes under the old contract-for-deed
system," added Mr. Henneberger.
House Bill 1823 proposes key reforms to curb the abuses
on contracts-for-deed by unscrupulous developers and attempts to curtail the
emerging predatory practice of option-to-buy lease contracts in a well-balanced
manner. This measure was the companion bill to Senate Bill 629 which
overwhelmingly passed the Senate but stalled in the Texas House. By working with
Rep. Dutton along with Chairman Troy Fraser (R-Horseshoe Bay) of the Senate
Business and Commerce Committee, Senator Lucio was successful in substituting
the provisions of his SB 629 into HB 1823. The revised HB 1823 passed the Senate
Business and Commerce Committee with a vote of eight to zero and subsequently
passed the Senate with unanimous approval and now has been signed into law.
"The Texas Senate sent a strong message to those who
would prey on the innocence of our low-income Texans with this unanimous vote
that we will not let the unscrupulous take advantage of our constituents," said
Senator Lucio.
Housing advocates are praising this bill as the most
far-reaching housing bill of the regular 79th legislative session. Mr.
Henneberger was quoted in the Quorum Report as saying, "This bill is historic
because it finally puts a stop to contracts-for-deed abuses. . . These are the
abuses that built the colonias. These are the abuses that prey on poor,
hardworking immigrant families." In their June Newsletter, the TLIHIS said
that with the passage of this Act, the state would be "putting a halt to
contract-for-deed and rent to own sales scams."
"Now we are going to be able to be active owners of our
homes," said Gloria Romo, a Webb County El Cenizo Colonia resident and a victim
of contracts-for-deed. "I am grateful to the Senator because with his help we
will finally become true homeowners. Senator Lucio has always been our foremost
hero on issues that affect colonia residents."
As passed, the Act would (among other matters):
- Help people become property owners by giving them the
option to convert their contracts for deed into traditional mortgages.
- Requires property sold under contracts for deed to be
legally platted/subdivided.
- Enables contract for deed owners to obtain information
to determine whether their property has been properly platted.
- Clarifies that residential option to buy lease contracts are in
practice "executory contracts" and entitles buyers with certain
protections.
- Requires sellers to keep the property free of liens
during the term of the contract but allows certain prior mortgage liens with
certain protections to the buyers.
- Provides reasonable time for sellers to remove certain
liens.
- Provides reasonable time so that option-contract
provisions/forms can become updated as per new laws.
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