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TITLE 7BANKING AND SECURITIES
PART 5OFFICE OF CONSUMER CREDIT COMMISSIONER
CHAPTER 89PROPERTY TAX LENDERS
SUBCHAPTER HPAYOFF STATEMENTS
RULE §89.804Permissible Changes

(a) Requests for payoff statements. A person who submits a request under Texas Tax Code, §32.06(a-6) and §89.801 of this title (relating to Requests for Payoff Statements), must use a form substantially similar to the model form prescribed by Figure: 7 TAC §89.803(a) of this title. The person submitting the request may consider making one or more of the following types of changes:

  (1) deleting fields labeled "Optional";

  (2) deleting the word "Optional" and surrounding parentheses;

  (3) replacing "Mortgage servicer" with an applicable description of the person submitting the request on the lienholder's behalf (e.g., "Law firm");

  (4) replacing "Property tax lender" with "Tax lien transferee" or "Transferee";

  (5) replacing "Borrower" with "Property owner";

  (6) replacing "Address of property" with "Legal description of property";

  (7) replacing "property tax loan" with "tax lien transfer";

  (8) replacing "other side" with "next page"; or

  (9) adding reasonable instructions regarding delivery of the payoff statement.

(b) Payoff statements. A property tax lender who sends a payoff statement under Texas Tax Code, §32.06(a-6) and §89.802 of this title (relating to Payoff Statements), must use must use a form substantially similar to the model prescribed by Figure: 7 TAC §89.803(b) of this title. The property tax lender may consider making one or more of the following types of changes:

  (1) deleting fields labeled "Optional";

  (2) deleting the word "Optional" and surrounding parentheses;

  (3) replacing "Property tax lender" with "Tax lien transferee" or "Transferee";

  (4) replacing "Borrower" with "Property owner";

  (5) replacing "Address of property" with "Legal description of property";

  (6) replacing "property tax loan" with "tax lien transfer";

  (7) deleting the fields labeled "Additional fee description," if the total payoff amount does not include any fees other than the unpaid principal balance and accrued interest;

  (8) replacing "Additional fee description" with a description of an additional fee (e.g., "Return check fee"), and deleting the surrounding parentheses;

  (9) adding fields to describe additional fees; or

  (10) replacing "other side" with "next page."


Source Note: The provisions of this §89.804 adopted to be effective November 7, 2013, 38 TexReg 7693

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