1. (a) Senate Bill 1233 of the 82nd Legislative Session. The amendment requires the Texas Department of Housing and Community Affairs (the "Department") to prescribe forms for the collection of foreclosure data from the county clerks and to establish the format for reporting the information to the legislature.

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 the Department 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 the Department 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 §51.0022(b) of the Texas Property Code, 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; and
      4. (D) the date of submission of the Completed Sale Foreclosure Form.

4. (d) Reporting to the Department.

   1. (1) On the first business day of each month, the county clerk shall transmit to the Department the Notice of Sale Foreclosure Forms and Completed Sale Foreclosure Forms described in this rule that have been submitted to the county clerk during the previous month. These forms may be transmitted by either sending the Department the original forms, copies of the original forms, scanned copies of the forms by Compact Disc (CD) or scanned copies by email if under 7 megabytes, faxed copies of the forms, or by transmitting the substance of the forms to the Department in the form of a properly-completed Summary Form for Completed Sales and/or a properly-completed Summary Form of Notices of Sale.
   2. (2) If a county clerk transmits originals, or copies, scans or faxes of the Notice of Sale Foreclosure Forms and/or Completed Sale Foreclosure Forms, these forms must be sent in legible format via U.S. Mail to: Texas Department of Housing and Community Affairs, Housing Resource Center, P.O. Box 13941, Austin, Texas 78711-3941, via email, if under 7 megabytes, to countyclerkdatacollection@tdhca.state.tx.us, or by fax to the Housing Resource Center.

   3. (3) The executed Summary Form for Notices of Sale and Summary Form for Completed Sales may be submitted by 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 to countyclerkdatacollection@tdhca.state.tx.us or mailed to the Department at the address in paragraph (2) of this subsection. 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;
      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.

5. (e) Location of forms.

   1. (1) The Notice of Sale Foreclosure Forms and/or Completed Sale Foreclosure Forms may be obtained online on the Department's website. 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 the Department 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 may be obtained or accessed online on the Department's website. This will include a Web interface for online submission to the Department. 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 the Department 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) Format for quarterly reporting to the Legislature. The information obtained from the forms described in this section will be compiled and summarized by the Department by ZIP code and by county, and submitted quarterly to the Texas Legislature.

Source Note:The provisions of this §1.24 adopted to be effective May 6, 2012, 37 TexReg 3398.