1. (a) Purpose. This section satisfies the requirement of amendments to Chapter 51, Texas Property Code, per Senate Bill 1233 of the 82nd Legislative Session. The amendment requires the Texas Department of Housing and Community Affairs (TDHCA) to prescribe forms for the collection of foreclosure data from the county clerks. The information received via these forms will be submitted quarterly to the Texas Legislature after January 1, 2012.

2. (b) Definitions.

   1. (1) Completed Sale Foreclosure Form--A form submitted to the county clerk when residential real property has been sold through a foreclosure and the substitute trustee's deed, sheriff's deed or other valid conveyance out of foreclosure is filed with the county clerk.
   2. (2) Notice of Sale Foreclosure Form--A form submitted to the county clerk when a notice of sale of residential real property is filed with the county clerk.
   3. (3) Summary Form for Completed Sales--A form submitted by the county clerk with TDHCA that lists the Completion of Sale Foreclosure Forms received during the previous month (approximately thirty (30) days) by the county clerk.
   4. (4) Summary Form for Notices of Sale--A form submitted by the county clerk with TDHCA that lists the Notice of Sale Foreclosure Forms received during the previous month (approximately thirty (30) days) by the county clerk.
   5. (5) Residential property--A residential property is a one-to-four-unit dwelling.

3. (c) Reporting to County Clerks.

   1. (1) When a person files a notice of sale of residential property under Texas Property Code §51.002(b), that person must also submit to the county clerk a Notice of Sale Foreclosure Form that includes at least the information described in subparagraphs (A) - (D) of this paragraph:

      1. (A) a yes or no question as to whether the property is residential;
      2. (B) a statement that a notice of sale is being filed on this property;
      3. (C) the ZIP code of the residential real property; and
      4. (D) the date of submission of the Notice of Sale Foreclosure Form.

   2. (2) When a person files a substitute trustee's deed, sheriff's deed or other valid conveyance out of foreclosure, that person must also submit to the county clerk a Completed Sale Foreclosure Form that includes at least the information described in subparagraphs (A) - (D) of this paragraph:

      1. (A) a yes or no question as to whether the property is residential;
      2. (B) a statement that the property has been sold as a result of foreclosure;
      3. (C) the ZIP code of the residential real property;
      4. (D) the date of submission of the Completed Sale Foreclosure Form.

4. (d) Reporting to TDHCA.

   1. (1) On the first business day of the month, the county clerk will submit the appropriate summary form to TDHCA. If a Notice of Sale Foreclosure Form is submitted to the county clerk, the county clerk will submit a Summary Form for Notices of Sale to TDHCA. If a Completed Sale Foreclosure Form is submitted to the county clerk, the county clerk will submit a Summary Form for Complete Sales.

   2. (2) The Summary Form for Notices of Sale and Summary Form for Completed Sales shall include at least the information described in subparagraphs (A) and (B) of this paragraph:

      1. (A) A list of dates on which the Notice of Sale Foreclosure Forms and/or Completed Sale Foreclosure Forms were submitted to the county clerk during the previous month; and
      2. (B) A list of ZIP codes of the properties that are listed on the Notice of Sale Foreclosure Forms and/or the Completed Sale Foreclosure Forms collected during the previous month.
   3. (3) Notice of Sale Foreclosure Forms and Completed Sale Foreclosure Forms shall not be sent to TDHCA. Only Summary Forms for Notices of Sale and Summary Forms for Completed Sales will be submitted to TDHCA by county clerks.

5. (e) Location of forms.

   1. (1) The Notice of Sale Foreclosure Forms and/or Completed Sale Foreclosure Forms will be located on TDHCA's website by January 1, 2012. This will be a downloadable form that can be printed. If the county clerk is unable to download the form, he or she may call the Housing Resource Center at TDHCA to request a form be mailed via United States Postal Service (USPS). Persons shall use these foreclosure forms to report only those notices of sale and completed sales submitted to the county clerk on or after January 1, 2012.
   2. (2) The Summary Form for Notices of Sale and Summary Form for Completed Sales will be located on TDHCA's website by January 1, 2012. This will be a Web interface submitted online to TDHCA. As an alternative, a downloadable Summary Form for Notices of Sale and Summary Form that can be printed will also be available. If the county clerk is unable to download the forms, he or she may call the Housing Resource Center at TDHCA to request a form be mailed via USPS. County clerks shall use these summary forms to report only those notices of sale and completed sales submitted to the county clerk on or after January 1, 2012.
6. (f) Submission of forms by persons filing notice of sale or completed sale to county clerk. Persons filling a notice of sale or completed sale shall also submit the Notice of Sale Foreclosure Forms and/or Completed Sale Foreclosure Forms, as appropriate, with the county clerk. County clerks should retain these forms and the forms are not to be sent to TDHCA. County clerks should follow their own retention schedules in the keeping of these forms.
7. (g) Submission of forms by county clerks to TDHCA. The executed Summary Form for Notices of Sale and Summary Form for Completed Sales will be accepted from the county clerks' offices via an online Web interface. A username and password will be required to submit via the Web interface. As an alternative method of submittal, the completed Summary Form for Notices of Sale and Summary Form for Completed Sales may also be downloaded and submitted via email as an attachment or mailed to TDHCA. The email and mail addresses for submission will be provided on the Summary Form for Notices of Sale and Summary Form for Completed Sales.

Source Note:The provisions of this §1.24 adopted to be effective December 8, 2011, 36 TexReg 8349.