reglab/housing_qa huggingface dataset:
TX Fin Code § 158.1045 (2021)
2021 Texas Statutes|Finance Code|Title 3 - Financial Institutions and Businesses|Subtitle E - Other Financial Businesses|Chapter 158 - Residential Mortgage Loan Servicers|Subchapter C. Investigations, Complaints, and Actions Against Registrant|Section 158.1045. Issuance and Enforcement of Subpoena

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.|Added by Acts 2017, 85th Leg., R.S., Ch. 168 (H.B. 2823), Sec. 1, eff. May 26, 2017.|
TX Fin Code § 158.105 (2021)
2021 Texas Statutes|Finance Code|Title 3 - Financial Institutions and Businesses|Subtitle E - Other Financial Businesses|Chapter 158 - Residential Mortgage Loan Servicers|Subchapter C. Investigations, Complaints, and Actions Against Registrant|Section 158.105. Cease and Desist Order

Sec. 158.105.  CEASE AND DESIST ORDER.  (a)  If the commissioner has reasonable cause to believe that a person who is not registered or exempt under this chapter has engaged, or is about to engage, in an act or practice for which registration is required under this chapter, the commissioner may issue without notice and hearing an order to cease and desist from continuing a particular action or an order to take affirmative action, or both, to enforce compliance with this chapter.(b)  An order issued under Subsection (a) must contain a reasonably detailed statement of the facts on which the order is issued.(c)  If, not later than the 30th day after the date an order is issued under this section, the person against whom the order is made requests a hearing, the commissioner shall set and give notice of a hearing before the commissioner or a hearings officer.  The hearing shall be governed by Chapter 2001, Government Code.(d)  If a hearing is not requested under Subsection (c) not later than the 30th day after the date the order is issued, the order is considered final and not appealable.(e)  The commissioner, after giving notice, may impose against a person who violates a cease and desist order an administrative penalty in an amount not to exceed $2,500 for each day of the violation.  In addition to any other remedy provided by law, the commissioner may institute in district court a suit for injunctive relief and to collect the administrative penalty.  A bond is not required of the commissioner with respect to injunctive relief granted under this subsection.|Added by Acts 2011, 82nd Leg., R.S., Ch. 588 (S.B. 17), Sec. 1, eff. September 1, 2011.|
TX Fin Code § 158.106 (2021)
2021 Texas Statutes|Finance Code|Title 3 - Financial Institutions and Businesses|Subtitle E - Other Financial Businesses|Chapter 158 - Residential Mortgage Loan Servicers|Subchapter C. Investigations, Complaints, and Actions Against Registrant|Section 158.106. Restitution

Sec. 158.106.  RESTITUTION.  The commissioner may order a residential mortgage loan servicer to pay to a complainant any compensation received by the servicer in a violation cited by the commissioner in a final order.|Added by Acts 2011, 82nd Leg., R.S., Ch. 588 (S.B. 17), Sec. 1, eff. September 1, 2011.|
TX Fin Code § 159.001 (2021)
2021 Texas Statutes|Finance Code|Title 3 - Financial Institutions and Businesses|Subtitle E - Other Financial Businesses|Chapter 159 - Wrap Mortgage Loan Financing|Subchapter A. General Provisions|Section 159.001. Definitions

Sec. 159.001.  DEFINITIONS.  In this chapter:(1)  "Commissioner" means the savings and mortgage lending commissioner.(2)  "Finance commission" means the Finance Commission of Texas.(3)  "Residential mortgage loan" has the meaning assigned by Section 180.002.(4)  "Residential real estate" has the meaning assigned by Section 180.002.(5)  "Wrap borrower" means a person obligated to pay a wrap mortgage loan.(6)  "Wrap lender" means:(A)  a person who makes a wrap mortgage loan; or(B)  an owner of residential real estate who contracts with another person to make a wrap mortgage loan to a wrap borrower on the owner's behalf to finance the purchase of the owner's residential real estate.(7)  "Wrap mortgage loan" means a residential mortgage loan:(A)  made to finance the purchase of residential real estate that will continue to be subject to an unreleased lien that:(i)  attached to the residential real estate before the loan was made; and(ii)  secures a debt incurred by a person other than the wrap borrower that was not paid off at the time the loan was made; and(B)  obligating the wrap borrower to the wrap lender for payment of a debt the principal amount of which includes:(i)  the outstanding balance of the debt described by Paragraph (A)(ii); and(ii)  any remaining amount of the purchase price financed by the wrap lender.|Added by Acts 2021, 87th Leg., R.S., Ch. 76 (S.B. 43), Sec. 3, eff. January 1, 2022.|
TX Fin Code § 159.002 (2021)
2021 Texas Statutes|Finance Code|Title 3 - Financial Institutions and Businesses|Subtitle E - Other Financial Businesses|Chapter 159 - Wrap Mortgage Loan Financing|Subchapter A. General Provisions|Section 159.002. Inapplicability of Chapter

Sec. 159.002.  INAPPLICABILITY OF CHAPTER.  (a)  In this section, "unimproved residential real estate" means residential real estate on which a dwelling has not been constructed.(b)  Notwithstanding any other provision of this chapter, this chapter does not apply to a wrap mortgage loan:(1)  made by or on behalf of an owner of unimproved residential real estate to a purchaser of that residential real estate if:(A)  the residential real estate purchased will not continue to be subject to any unreleased lien described by Section 159.001(7)(A) that secures a debt that is subject to a due-on-sale clause in connection with which the lienholder may foreclose the lien; or(B)  the residential real estate purchased will continue to be subject to an unreleased lien described by Paragraph (A) and the holder of that unreleased lien has consented to the sale of the residential real estate; or(2)  for a sale of residential real estate that is the wrap lender's homestead.|Added by Acts 2021, 87th Leg., R.S., Ch. 76 (S.B. 43), Sec. 3, eff. January 1, 2022.|
TX Fin Code § 159.003 (2021)
2021 Texas Statutes|Finance Code|Title 3 - Financial Institutions and Businesses|Subtitle E - Other Financial Businesses|Chapter 159 - Wrap Mortgage Loan Financing|Subchapter A. General Provisions|Section 159.003. Exemptions

Sec. 159.003.  EXEMPTIONS.  (a)  The following persons are exempt from this chapter:(1)  a federally insured bank, savings bank, savings and loan association, Farm Credit System Institution, or credit union;(2)  a subsidiary of a federally insured bank, savings bank, savings and loan association, Farm Credit System Institution, or credit union;(3)  the state or a governmental agency, political subdivision, or other instrumentality of the state, or an employee of the state or a governmental agency, political subdivision, or instrumentality of the state who is acting within the scope of the person's employment; or(4)  subject to Subsection (b), an owner of residential real estate if the owner does not in any 12-consecutive-month period make, or contract with another person to make, more than three wrap mortgage loans to purchasers of the property for all or part of the purchase price of the residential real estate against which the mortgage is secured.(b)  In determining eligibility for an exemption under Subsection (a)(4), two or more owners of residential real estate are considered a single owner for the purpose of computing the number of mortgage loans made within the period specified by that subdivision if any of the owners are an entity or an affiliate of an entity, including a general partnership, limited partnership, limited liability company, or corporation, as defined by Section 1.002, Business Organizations Code.|Added by Acts 2021, 87th Leg., R.S., Ch. 76 (S.B. 43), Sec. 3, eff. January 1, 2022.|
TX Fin Code § 159.051 (2021)
2021 Texas Statutes|Finance Code|Title 3 - Financial Institutions and Businesses|Subtitle E - Other Financial Businesses|Chapter 159 - Wrap Mortgage Loan Financing|Subchapter B. Licensing or Registration|Section 159.051. License or Registration Required

Sec. 159.051.  LICENSE OR REGISTRATION REQUIRED.  A person may not originate or make a wrap mortgage loan unless the person is licensed or registered to originate or make residential mortgage loans under Chapter 156, 157, or 342 or is exempt from licensing or registration as provided under an applicable provision of those chapters.|Added by Acts 2021, 87th Leg., R.S., Ch. 76 (S.B. 43), Sec. 3, eff. January 1, 2022.|
TX Fin Code § 159.101 (2021)
2021 Texas Statutes|Finance Code|Title 3 - Financial Institutions and Businesses|Subtitle E - Other Financial Businesses|Chapter 159 - Wrap Mortgage Loan Financing|Subchapter C. Transaction Requirements; Remedies|Section 159.101. Disclosure Statement; Option to Rescind

Sec. 159.101.  DISCLOSURE STATEMENT; OPTION TO RESCIND.  (a)  A wrap lender must, on or before the seventh day before the wrap mortgage loan agreement is entered into, provide to the wrap borrower a separate written disclosure statement in at least 12-point type that:(1)  contains the information required for a written disclosure statement under Section 5.016, Property Code; and(2)  includes a statement in a form substantially similar to the following:NOTICE REGARDING PROPERTY INSURANCE:  ANY INSURANCE MAINTAINED BY A SELLER, LENDER, OR OTHER PERSON WHO IS NOT THE BUYER OF THIS PROPERTY MAY NOT PROVIDE COVERAGE TO THE BUYER IF THE BUYER SUFFERS A LOSS OR INCURS LIABILITY IN CONNECTION WITH THE PROPERTY.  TO ENSURE THE BUYER'S INTERESTS ARE PROTECTED, THE BUYER SHOULD PURCHASE THE BUYER'S OWN PROPERTY INSURANCE.  BEFORE PURCHASING THIS PROPERTY, YOU MAY WISH TO CONSULT AN INSURANCE AGENT REGARDING THE INSURANCE COVERAGE AVAILABLE TO YOU AS A BUYER OF THE PROPERTY.(b)  The disclosure statement required under Subsection (a) must be dated and signed by the wrap borrower when the wrap borrower receives the statement.(c)  The finance commission by rule shall adopt a model disclosure statement that satisfies the requirements of Subsection (a).(d)  If the disclosure statement required under Subsection (a) and any disclosure required by Section 159.102 are received by the wrap borrower on or before the closing date of the wrap mortgage loan, the wrap borrower may rescind the wrap mortgage loan agreement and any related purchase agreement or other agreement relating to the loan transaction not later than the seventh day after the date of receipt of the disclosure statement, regardless of whether the disclosure is timely made.  On rescission under this subsection, the wrap borrower is entitled to a return of any earnest money, escrow amounts, down payment, or other fees or charges paid in connection with the wrap mortgage loan, the related purchase transaction, and any other related transaction.|Added by Acts 2021, 87th Leg., R.S., Ch. 76 (S.B. 43), Sec. 3, eff. January 1, 2022.|
TX Fin Code § 159.102 (2021)
2021 Texas Statutes|Finance Code|Title 3 - Financial Institutions and Businesses|Subtitle E - Other Financial Businesses|Chapter 159 - Wrap Mortgage Loan Financing|Subchapter C. Transaction Requirements; Remedies|Section 159.102. Foreign Language Requirement

Sec. 159.102.  FOREIGN LANGUAGE REQUIREMENT.  If the negotiations that precede the execution of the wrap mortgage loan agreement are conducted primarily in a language other than English, the wrap lender shall provide a copy of a written disclosure statement required under Section 159.101 of this code or Section  5.016, Property Code, in that language to the wrap borrower.|Added by Acts 2021, 87th Leg., R.S., Ch. 76 (S.B. 43), Sec. 3, eff. January 1, 2022.|
TX Fin Code § 159.103 (2021)
2021 Texas Statutes|Finance Code|Title 3 - Financial Institutions and Businesses|Subtitle E - Other Financial Businesses|Chapter 159 - Wrap Mortgage Loan Financing|Subchapter C. Transaction Requirements; Remedies|Section 159.103. Failure to Provide Disclosure: Tolling of Limitations

Sec. 159.103.  FAILURE TO PROVIDE DISCLOSURE: TOLLING OF LIMITATIONS.  If a wrap lender fails to provide the disclosure statement as required by Section 159.101 or fails to provide the disclosure statement in the language required by Section 159.102, the limitations period applicable to any cause of action of the wrap borrower against the wrap lender arising out of the wrap lender's violation of a law of this state in connection with the wrap mortgage loan transaction is tolled until the 120th day after the date the required disclosure statement is provided.|Added by Acts 2021, 87th Leg., R.S., Ch. 76 (S.B. 43), Sec. 3, eff. January 1, 2022.|
TX Fin Code § 159.104 (2021)
2021 Texas Statutes|Finance Code|Title 3 - Financial Institutions and Businesses|Subtitle E - Other Financial Businesses|Chapter 159 - Wrap Mortgage Loan Financing|Subchapter C. Transaction Requirements; Remedies|Section 159.104. Failure to Provide Disclosure Before Closing; Right of Rescission

Sec. 159.104.  FAILURE TO PROVIDE DISCLOSURE BEFORE CLOSING; RIGHT OF RESCISSION.  (a)  Subject to Subsection (b), if a wrap mortgage loan is closed without the wrap lender providing the disclosure statement required by Section 159.101 or any disclosure required by Section 159.102, the wrap borrower may rescind the wrap mortgage loan agreement and the related purchase agreement at any time by providing the wrap lender notice of rescission in writing.(b)  If the wrap borrower receives a required disclosure statement under Section 159.101 or 159.102 after the date the wrap mortgage loan is closed but before the wrap borrower provides notice of rescission, the wrap borrower may rescind the wrap mortgage loan agreement and the related purchase agreement in writing on or before the 21st day after the date of receipt of the disclosure statement.(c)  Not later than the 30th day after the date the wrap borrower provides notice of rescission under this section, the wrap lender shall return to the wrap borrower:(1)  all principal and interest payments made by the wrap borrower on the wrap mortgage loan;(2)  any money or property given as earnest money, a down payment, or otherwise in connection with the wrap mortgage loan or related purchase transaction; and(3)  any escrow amounts for the wrap mortgage loan or related purchase transaction.(d)  On the date on which all of the returned money or property described by Subsection (c) is received by the wrap borrower, the wrap borrower shall convey to the wrap lender or the wrap lender's designee the residential real estate described by Section 159.001(7)(A).  The wrap borrower shall surrender possession of the residential real estate not later than the 30th day after the date of the wrap borrower's receipt of the money or property returned as described by this subsection.(e)  Notwithstanding Subsection (a) or (b), the wrap lender may avoid rescission if not later than the 30th day after the date of receipt of notice of rescission under Subsection (a), the wrap lender:(1)  pays the outstanding balance due on any debt described by Section 159.001(7)(A)(ii);(2)  pays any due and unpaid taxes or other government assessment on the residential real estate described by Section 159.001(7)(A);(3)  pays to the wrap borrower as damages for noncompliance the sum of $1,000 and any reasonable attorney's fees incurred by the wrap borrower; and(4)  provides to the wrap borrower evidence of compliance with Subdivisions (1) and (2).|Added by Acts 2021, 87th Leg., R.S., Ch. 76 (S.B. 43), Sec. 3, eff. January 1, 2022.|
TX Fin Code § 159.105 (2021)
2021 Texas Statutes|Finance Code|Title 3 - Financial Institutions and Businesses|Subtitle E - Other Financial Businesses|Chapter 159 - Wrap Mortgage Loan Financing|Subchapter C. Transaction Requirements; Remedies|Section 159.105. Enforceability of Wrap Lien

Sec. 159.105.  ENFORCEABILITY OF WRAP LIEN.  A lien securing a wrap mortgage loan is void unless the wrap mortgage loan and the conveyance of the residential real estate securing the loan are closed by an attorney or a title company.|Added by Acts 2021, 87th Leg., R.S., Ch. 76 (S.B. 43), Sec. 3, eff. January 1, 2022.|
TX Fin Code § 159.106 (2021)
2021 Texas Statutes|Finance Code|Title 3 - Financial Institutions and Businesses|Subtitle E - Other Financial Businesses|Chapter 159 - Wrap Mortgage Loan Financing|Subchapter C. Transaction Requirements; Remedies|Section 159.106. Borrower's Right of Action

Sec. 159.106.  BORROWER'S RIGHT OF ACTION.  (a)  A wrap borrower may bring an action to:(1)  obtain declaratory or injunctive relief to enforce this subchapter;(2)  recover any actual damages suffered by the wrap borrower as a result of a violation of this subchapter; or(3)  obtain other remedies available under this subchapter or in an action under Section 17.50, Business & Commerce Code, as otherwise authorized under this subchapter.(b)  A wrap borrower who prevails in an action under this section may recover court costs and reasonable attorney's fees.|Added by Acts 2021, 87th Leg., R.S., Ch. 76 (S.B. 43), Sec. 3, eff. January 1, 2022.|
TX Fin Code § 159.107 (2021)
2021 Texas Statutes|Finance Code|Title 3 - Financial Institutions and Businesses|Subtitle E - Other Financial Businesses|Chapter 159 - Wrap Mortgage Loan Financing|Subchapter C. Transaction Requirements; Remedies|Section 159.107. Waiver or Avoidance Prohibited

Sec. 159.107.  WAIVER OR AVOIDANCE PROHIBITED.  (a)  Any purported waiver of a right of a wrap borrower under this subchapter or purported exemption of a person from liability for a violation of this subchapter is void.(b)  A person who is a party to a residential real estate transaction may not evade the application of this subchapter by any device, subterfuge, or pretense, and any attempt to do so is void and a deceptive trade practice under Subchapter E, Chapter 17, Business & Commerce Code, and is actionable under that subchapter.|Added by Acts 2021, 87th Leg., R.S., Ch. 76 (S.B. 43), Sec. 3, eff. January 1, 2022.|
TX Fin Code § 159.108 (2021)
2021 Texas Statutes|Finance Code|Title 3 - Financial Institutions and Businesses|Subtitle E - Other Financial Businesses|Chapter 159 - Wrap Mortgage Loan Financing|Subchapter C. Transaction Requirements; Remedies|Section 159.108. Rulemaking Authority

Sec. 159.108.  RULEMAKING AUTHORITY.  The finance commission may adopt and enforce rules necessary for the intent of or to ensure compliance with this subchapter.|Added by Acts 2021, 87th Leg., R.S., Ch. 76 (S.B. 43), Sec. 3, eff. January 1, 2022.|
TX Fin Code § 159.151 (2021)
2021 Texas Statutes|Finance Code|Title 3 - Financial Institutions and Businesses|Subtitle E - Other Financial Businesses|Chapter 159 - Wrap Mortgage Loan Financing|Subchapter D. Duties Owed to Wrap Borrower|Section 159.151. Money Held in Trust

Sec. 159.151.  MONEY HELD IN TRUST.  A person who collects or receives a payment from a wrap borrower under the terms of a wrap mortgage loan holds the money in trust for the benefit of the borrower.|Added by Acts 2021, 87th Leg., R.S., Ch. 76 (S.B. 43), Sec. 3, eff. January 1, 2022.|
TX Fin Code § 159.152 (2021)
2021 Texas Statutes|Finance Code|Title 3 - Financial Institutions and Businesses|Subtitle E - Other Financial Businesses|Chapter 159 - Wrap Mortgage Loan Financing|Subchapter D. Duties Owed to Wrap Borrower|Section 159.152. Fiduciary Duty

Sec. 159.152.  FIDUCIARY DUTY.  A person who collects or receives a payment from a wrap borrower under the terms of or in connection with a wrap mortgage loan owes a fiduciary duty to the wrap borrower to use the payment to satisfy the obligations of the obligee under each debt described by Section 159.001(7)(A)(ii) and the payment of taxes and insurance for which the wrap lender has received any payments from the wrap borrower.|Added by Acts 2021, 87th Leg., R.S., Ch. 76 (S.B. 43), Sec. 3, eff. January 1, 2022.|
TX Fin Code § 159.201 (2021)
2021 Texas Statutes|Finance Code|Title 3 - Financial Institutions and Businesses|Subtitle E - Other Financial Businesses|Chapter 159 - Wrap Mortgage Loan Financing|Subchapter E. Wrap Borrower's Rights|Section 159.201. Applicability of Subchapter

Sec. 159.201.  APPLICABILITY OF SUBCHAPTER.  This subchapter applies only to a wrap mortgage loan for a purchase of residential real estate to be used as the wrap borrower's residence.|Added by Acts 2021, 87th Leg., R.S., Ch. 76 (S.B. 43), Sec. 3, eff. January 1, 2022.|
TX Fin Code § 159.202 (2021)
2021 Texas Statutes|Finance Code|Title 3 - Financial Institutions and Businesses|Subtitle E - Other Financial Businesses|Chapter 159 - Wrap Mortgage Loan Financing|Subchapter E. Wrap Borrower's Rights|Section 159.202. Wrap Borrower's Right to Deduct

Sec. 159.202.  WRAP BORROWER'S RIGHT TO DEDUCT.  The wrap borrower, without taking judicial action, may deduct from any amount owed to the wrap lender under the terms of the wrap mortgage loan:(1)  the amount of any payment made by the wrap borrower to an obligee of a debt described by Section 159.001(7)(A)(ii) to cure a default by the wrap lender caused by the lender's failure to make payments for which the lender is responsible under the terms of the wrap mortgage loan; or(2)  any other amount for which the wrap lender is liable to the wrap borrower under the terms of the wrap mortgage loan.|Added by Acts 2021, 87th Leg., R.S., Ch. 76 (S.B. 43), Sec. 3, eff. January 1, 2022.|
TX Fin Code § 159.251 (2021)
2021 Texas Statutes|Finance Code|Title 3 - Financial Institutions and Businesses|Subtitle E - Other Financial Businesses|Chapter 159 - Wrap Mortgage Loan Financing|Subchapter F. Enforcement of Certain Registration Requirements|Section 159.251. Applicability of Subchapter

Sec. 159.251.  APPLICABILITY OF SUBCHAPTER.  This subchapter applies only to a wrap lender who is required to register as a residential mortgage loan servicer under Chapter 158.|Added by Acts 2021, 87th Leg., R.S., Ch. 76 (S.B. 43), Sec. 3, eff. January 1, 2022.|