Foreclosure Data Collection
(Senate Bill 1233)
If you are a homeowner facing foreclosure, please visit the Foreclosure Assistance page.
The 82nd Regular Session of the Texas Legislature passed Senate Bill 1233 which amended Chapter 52 of the Property Code by requiring the collection of certain data regarding foreclosures of residential property (one-to-four units) across the State. The full text of this bill can be found at Texas Legislature Online. This bill applies only to notices of foreclosure sales or completed foreclosure sales filed on or after January 1, 2012.
This bill names the Texas Department of Housing and Community Affairs (TDHCA) as the agency to promulgate the rule and report quarterly to the legislature. The adoption of 10 Texas Administrative Code, Chapter 1, Subchapter A, §1.24, concerning Foreclosure Data Collection was approved by the Governing Board of TDHCA on April 12, 2012. This rule and its responses to public comment can be found in the Texas Register.
Overview
Senate Bill (SB) 1233 (82nd Legislature, regular session) created a mechanism for the collection and compilation of certain foreclosure data. It requires persons conducting certain residential foreclosures to file notices of proposed and completed foreclosures with the county clerk in the county in which the foreclosure is to occur or did occur. County clerks are required to transmit these forms to the Department each month, and the Department is required to compile high level data about foreclosure activity and report it quarterly to the legislature.
This new rule, adopted by the Board on April 12, 2012,* provides county clerks with a choice as to how they can transmit the required forms: the forms may be transmitted by sending TDHCA either the foreclosure forms or summary forms. Uploading the summary forms electronically through the Foreclosure Data Collection System (FDCS) web interface is encouraged but photocopies, scanned copies (emailed if under 7 megabytes or on a CD if over 7 megabytes) or faxed copies of the summary forms will be accepted. Additionally, if transmitting the foreclosure forms rather than the summary forms, TDHCA will accept the original foreclosure forms, copies of the original foreclosure forms, scanned copies (emailed if under 7 megabytes or on a CD if over 7 megabytes) or faxed copies of the foreclosure forms. It is believed that this choice of accepting either the foreclosure forms or the summary forms will facilitate the compilation of data required by Senate Bill 1233.
TDHCA will report quarterly to the legislature on the information received from the forms.
The rule can be found in the Texas Administrative Code on the Secretary of State site.
*The previous rule adopted by TDHCA’s Governing Board on November 10, 2012 was repealed and replaced with the current rule on April 12, 2012.
For Lien Holders, Sheriffs and Trustees conducting foreclosure sales of residential properties
- Notice of Foreclosure Form (PDF)
This form is to be submitted to the county clerk when a notice of sale of residential real property is filed with the county clerk. - Completed Sale Foreclosure Form (PDF)
This form is to be 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.
For County Clerks Offices
Summary Forms Submission by County Clerks to TDHCA
County clerks may use the Summary Form for Notices of Sales (CSV) and the Summary Form for Completed Sales (CSV) files to upload foreclosure data through a web interface called the Foreclosure Data Collection System (FDCS). These forms are due to TDHCA on the first business day of the month and should contain the foreclosure data received during the previous month.
For access to FDCS, county clerks must complete and sign the FDCS Access Request Form (DOC form) and submit it to the Housing Resource Center (HRC) at TDHCA by emailing countyclerkdatacollection@tdhca.state.tx.us, mailing to TDHCA, Housing Resource Center, PO Box 13941, Austin, TX 78711-3941 or faxing to (512) 475-0070. Please visit the Texas Comptroller site for a list of county codes.
Each county will be assigned one account for FDCS that can be shared within their office. The FDCS Access Request Form requires the county clerk’s signature, as well as information for an alternate contact person. Once the responsible party at the county clerks’ office receives login information for FDCS, instructions on how to upload to the system can be found in the FDCS User Guide (DOC).
Alternatively, the Summary Form for Notices of Sales and the Summary Form for Completed Sales may be emailed, mailed, or faxed to TDHCA at countyclerkdatacollection@tdhca.state.tx.us; TDHCA, Housing Resource Center, PO Box 13941, Austin, TX 78711-3941; or FAX (512) 475-0070.
If emailing (if under 7 megabytes), mailing, faxing, or sending by CD, the county clerk office may download printable versions of the Summary Form for Notices of Sales (XLS - Printable Version) and Summary Form for Completed Sales (XLS - Printable Version). If county clerk offices are unable to download forms from this site, they may call the Housing Resource Center at (512) 475-3976 to receive a copy of the summary forms by email, mail or fax.
Foreclosure Forms Submission by County Clerks to TDHCA
Alternatively to the summary forms, county clerks may submit the Notice of Foreclosure Forms or Completed Sale Foreclosure Forms (foreclosure forms) to TDHCA directly. If submitting foreclosure forms, these forms are due to TDHCA on the first business day of the month.
The county clerk may submit originals, copies, scans or faxes of the foreclosure forms. If sending originals or copies, the foreclosure forms must be sent in legible hard-copy format via U.S. Mail to: Texas Department of Housing and Community Affairs, Housing Resource Center, P.O. Box 13941, Austin, Texas 78711-3941. If sending scans, the foreclosure forms may be submitted via email, if under 7 megabytes, to countyclerkdatacollection@tdhca.state.tx.us, or by compact disc (CD), if over 7 megabytes, by U.S. Mail to: Texas Department of Housing and Community Affairs, Housing Resource Center, P.O. Box 13941, Austin, Texas 78711-3941. If sending by fax, the foreclosure forms may be faxed to 512-475-0070.
For questions, please call the Housing Resource Center at (512) 475-3976.
Frequently Asked Questions
- Q. Who is going to notify the persons filing the foreclosure notices and completed sales that the new forms are required per 10 TAC §1.24?
A. 10 TAC 1.24 was published in the December 9, 2011 Texas Register and TDHCA has a webpage dedicated to information about Senate Bill 1233 and 10 TAC 1.24. This is an effort to notify the public about the new requirements. The county clerk’s office could also post necessary notifications. - Q. Are the county clerks responsible for furnishing the forms to the public?
A. Because the Notices of Sale Foreclosure Forms and Completed Sale Foreclosure Forms are submitted to the county clerk’s office, the county clerk could supply the physical forms. However, the Notices of Sale Foreclosure Forms and Completed Sale Foreclosure Forms are available for download from TDHCA’s website so that filers can prepare the forms in advance of submission if they choose. - Q. Can lien holders or the persons conducting the foreclosures send the Notice of Sale Foreclosure Form and Completed Sale Foreclosure Form directly to TDHCA?
A. No. Senate Bill 1233 identifies the county clerks as the responsible party for submitting the information to TDHCA. - Q. Can the Notice of Sale Foreclosure Forms and Completed Sale Foreclosure Forms be submitted electronically to the county clerks?
A. Yes, as long as the county clerk will accept electronic submissions. The rule does not prohibit the submission of a PDF or emailed version of the Notice of Sale Foreclosure Forms and Completed Sale Foreclosure Forms to the county clerk. - Q. If a Notice of Sale Foreclosure Form or Completed Sale Foreclosure Form is not presented at the time of filing, does the county clerk’s office refuse the documents?
A. The rule does not address enforcement of the data collection. TDHCA recommends that county clerks have Notice of Sale Foreclosure Forms and Completed Sale Foreclosure Forms on hand in the office for use by filers. - Q. Are filers required to use TDHCA’s form or are they allowed to use any form as long as the required data is provided?
A. Senate Bill 1233 states that TDHCA prescribes the forms to be used for the foreclosure data collection. For consistency of data, the rule requires TDHCA’s forms to be used. - Q. Does TDHCA expect the Notice of Foreclosure Forms or Completed Sale Foreclosure Forms to be recorded with the valid conveyance out of foreclosure?
A. The rule states that the Completed Sale Foreclosure Form should be submitted when a substitute trustee’s deed, sheriff’s deed or other valid conveyance out of foreclosure is filed when the property has been sold as a result of foreclosure. - Q. Is it possible for the Completed Sale Foreclosure Form to be tied to the Notice of Sale Foreclosure Form submitted for the same property?
A. No. Senate Bill 1233 does not require the notice of sale and completed sale forms to relate to one another. - Q. The proposed rule only applies to residential lots (1 to 4 units). What is required for foreclosures on raw or unimproved land?
A. Senate Bill 1233 refers only to residential property. There are no additional forms or data collection required by this legislation for foreclosures on raw or unimproved land. - Q. In which record set do the Notice of Sale Foreclosure Form and Completed Sale Foreclosure Form need to be filed? Do these documents need to be sworn to law?
A. The Notice of Sale Foreclosure Form and Completed Sale Foreclosure Form are not filed in property records, so they do not need to be acknowledged. The Notice of Sale Foreclosure Form and Completed Sale Foreclosure Form are submitted to the county clerk for the purposes of completing the Summary Form for Notices of Sale and the Summary Form for Completed Sales. The forms are not recorded in the official public record. - Q. Should county clerks send the Notice of Foreclosure Forms and/or Completed Sale Foreclosure Forms (foreclosure forms) to TDHCA or should county clerks send the Summary Form for Notices of Sale and/or the Summary Form for Completed Sales (summary forms) to TDHCA?
A. While TDHCA encourages county clerks to transmit the summary forms using the Foreclosure Data Collection System (FDCS), the county clerks have an option to send either the foreclosure forms or summary forms to TDHCA. These forms are due to TDHCA on the first business day of the month. - Q. If yes, can the county clerk’s office charge the per page fee to record it?
A. Senate Bill 1233 does not authorize TDHCA to empower counties to charge a fee for foreclosure data collection. Regarding fees, District Court Fees and Costs can be found in Section 13, Sec. 101.0611, Government Code of Senate Bill 1233.
For general information on Foreclosure Data Collection, please email countyclerkdatacollection@tdhca.state.tx.us or call TDHCA’s Housing Resource Center at (512) 475-3976.
