Mortgage Servicers

Texas enforces Subpoenas against Servicers – HB2823

HB2823 is an Act relating to the issuance and enforcement of a subpoena during the course of an investigation of a residential mortgage loan servicer.

HB2823 is an Act relating to the issuance and enforcement of a subpoena during the course of an investigation of a residential mortgage loan servicer.

Sec. 158.1045. ISSUANCE AND ENFORCEMENT OF SUBPOENA.

 

(a)

During an investigation, the commissioner may issue a subpoena that is addressed to a peace officer of this state or other person authorized by law to serve citation or perfect service. The subpoena may require a person to give a deposition, produce documents, or both.

(b)

If a person disobeys a subpoena or if a person appearing in a deposition in connection with the investigation refuses to testify, the commissioner may petition a district court in Travis County to issue an order requiring the person to obey the subpoena, testify, or produce documents relating to the matter. The court shall promptly set an application to enforce a subpoena issued under Subsection (a) for hearing and shall cause notice of the application and the hearing to be served on the person to whom the subpoena is directed.

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