An action to foreclose an obligation that is secured by a mortgage, deed of trust, or other contract lien on real or personal property in Texas that is a dwelling of an active duty servicemember may not be instituted during a servicemember’s period of active duty military service or during the nine months after that active duty military service concludes. An active duty serviceman includes a member of the armed services and a member of the National Guard on active duty.
A dependent of a military servicemember is entitled to the same protections if the dependent’s ability to comply with an obligation that is secured by a mortgage, deed of trust, or other contract lien on real property or personal property that is a dwelling is materially affected by the servicemember’s military service. Application to a court for a stay order is required.
A court that issues a stay or takes other action regarding enforcement may grant a similar stay with respect to a surety, guarantor, endorser, accommodation maker, comaker, or other person who is or may be primarily or secondarily subject to the obligation.
A military servicemember may waive the servicemember’s rights. The waiver must be in writing in at least 12-point type; executed as an instrument separate from the obligation to which the waiver applies; and made under a written agreement:
•executed during or after the servicemember’s period of active duty military service; and
•specifying the legal instruments to which the waiver applies and, if the servicemember is not a party to the instrument, the servicemember concerned.