Sec. 64.002. MANNER OF GIVING NOTICE. (a) A person may give notice under this chapter:
(1) by transmitting the notice in the manner described by Section 51.002(e);
(2) by depositing the notice with the United States Postal Service or a commercially reasonable delivery service, properly addressed to the intended recipient's address in accordance with this section, with first class postage or other cost of delivery paid; or
(3) by transmitting the notice to the intended recipient by any means agreed to by the intended recipient.
(b) The following rules determine the address for notices under Subsection (a):
(1) the address for notices to an assignee is the address of the assignee agreed in the security instrument or other document between the parties as the address for notices to the assignee, unless a more recent address for notices has been given by the assignee to the person giving the notice in accordance with Subsection (a) or as agreed in a security instrument or other document signed by the assignee;
(2) the address for notices to an assignor is the address of the assignor agreed in the security instrument or other document between the parties as the address for notices to the assignor or as provided in Section 51.002, unless a more recent address for notices has been given by the assignor to the person giving the notice in accordance with Subsection (a) or as agreed in a security instrument or other document signed by the assignor; and
(3) for notices to a tenant:
(A) if there is an address for notices to the tenant in a signed document between the tenant and the person giving the notice, the person giving the notice shall use that address unless a more recent address for notices has been given by the tenant in accordance with that document;
(B) if an address for notices described by Paragraph (A) does not exist, but the tenant's agreement with the assignor has an address for notices to the tenant and the person giving the notice has received a copy of that document or has actual knowledge of the address for notices specified in that document, the person giving the notice shall use that address; or
(C) if an address for notices described by Paragraphs (A) and (B) does not exist, the person giving the notice shall use the tenant's address at the real property covered by the security instrument.
(c) Notice given in accordance with this chapter is deemed received on the earliest of:
(1) the date the notice is received by the person to whom the notice is given;
(2) the fifth day after the date the notice is given in accordance with Subsection (a)(2); or
(3) the date on which notice is deemed received in accordance with an agreement made by the person to whom the notice is given.
(d) A notice under this chapter must be a document.
Added by Acts 2011, 82nd Leg., R.S., Ch. 636 (S.B. 889), Sec. 2, eff. June 17, 2011.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 453 (S.B. 848), Sec. 2, eff. June 14, 2013.
Last modified: September 28, 2016