Disclosure of Home Mortgage Information to a Surviving Spouse

House Bill 831- Effective September 1, 2015   Texas Finance Code Section 343.103

Beginning September 1, 2015, residential mortgage servicers have a new responsibility to the surviving spouse of a deceased borrower.  Within 30 days of receiving a request for loan information concerning the surviving spouse’s primary residence, a mortgage lender/servicer must provide the surviving spouse with the following information: 

  1. Current loan balance, including due dates and amount of monthly installments;
  2. Whether the loan is current and any amounts that are delinquent;
  3. The loan number; and
  4. The amount of money in escrow deposit for taxes and insurance.

The request from the surviving spouse must prove their identity and their right to the loan information by providing the lender with the following: 

  1. Death certificate;
  2. Affidavit of Heirship signed by 2 disinterested witnesses that additionally includes a statement that the surviving spouse was married to the borrower at the time of the borrower’s death; and
  3. An affidavit from the surviving spouse that states the surviving spouse is currently residing in the mortgaged property as their primary residence.

The surviving spouse’s request for information must also contain the following disclaimer: 

THIS REQUEST IS MADE PURSUANT TO TEXAS FINANCE CODE SECTION 343.103.  SUBSEQUENT DISCLOSURE OF INFORMATION IS NOT IN CONFLICT WITH THE GRAMM-LEACH-BLILEY ACT UNDER 15 U.S.C. SECTION 6802(e)(8).