82nd Texas Legislature, Regular Session, Senate Bill 767, Chapter 902 Page: 3 of 9
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S.B. No. 767
1 action has been commenced.
2 (b) For purposes of Subsections (a)(2) and (4), a
3 foreclosure action has been commenced if:
4 (1) notice of sale has been filed under Section
5 51.002(b), Property Code; or
6 (2) a judicial foreclosure action has been commenced.
7 Sec. 21.002. EXCEPTION FROM APPLICABILITY OF CHAPTER.
8 (a) Except as provided by Subsection (b), this chapter does not
9 apply to the following persons that perform foreclosure consulting
10 services:
11 (1) an attorney admitted to practice in this state who
12 performs those services in relation to the attorney's
13 attorney-client relationship with a homeowner or the beneficiary of
14 the lien being foreclosed;
15 (2) a person that holds or is owed an obligation
16 secured by a lien on a residence in foreclosure if the person
17 performs those services in connection with the obligation or lien;18 (3) a mortgage servicer of an obligation secured by a
19 lien on a residence in foreclosure if the servicer performs those
20 services in connection with the obligation or lien;
21 (4) a person that regulates banks, trust companies,
22 savings and loan associations, credit unions, or insurance
23 companies under the laws of this state or the United States if the
24 person performs those services as part of the person's normal
25 business activities;
26 (5) an affiliate of a person described by Subdivision
27 (4) if the affiliate performs those services as part of the3
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Texas. Legislature. Senate. 82nd Texas Legislature, Regular Session, Senate Bill 767, Chapter 902, legislative document, 2011-04/2011-06; [Austin, Texas]. (https://texashistory.unt.edu/ark:/67531/metapth312204/m1/3/: accessed July 16, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Government Documents Department.