| (a) No Liability. The Mortgage Grant Fund, the Commissioner,
and the Department are not liable to a claimant for a claim approved
by the Commissioner under Finance Code §156.555 if the assets
of the Mortgage Grant Fund are insufficient to pay such claim.
(b) Payment of Unpaid Claims. If the Mortgage Grant
Fund contains insufficient assets to pay a claim approved by the Commissioner
under Finance Code §156.555, the Commissioner will:
(1) record the time and date the claim was approved;
and
(2) pay approved but unpaid claims for which a recordation
was made under paragraph (1) of this subsection as funds in the Mortgage
Grant Fund become available, in the order of the recorded time and
date of such claims; and, provided, the Commissioner determines in
his or her sole discretion that disbursement from the Mortgage Grant
Fund will not injure, hamper, or impede the Commissioner's administration
of and disbursements from the Mortgage Grant Fund for purposes of
Finance Code §156.554.
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