| (a) A property tax lender must use the required disclosure
statement under Texas Tax Code, §32.06(a-4)(1) as prescribed
by Figure: 7 TAC §89.506(a)(1) or Figure: 7 TAC §89.506(a)(2)
of this title, but may consider making only limited technical changes,
as provided by the following exclusive list:
(1) Substituting "transferee" for "property tax lender,"
or using pronouns such as "we" and "us";
(2) Substituting "borrower" for "property owner," or
using pronouns such as "you" and "your";
(3) Substituting "tax lien transfer" for "property
tax loan";
(4) Omitting the loan identification number;
(5) Replacing "Amounts paid to taxing units" with "Amounts
paid to taxing units and governmental entities" if the property tax
lender pays amounts to governmental entities other than taxing units
and these amounts are shown on the tax receipt;
(6) Adding or omitting lines in the "Loan Amount Itemization"
section as necessary to disclose all amounts paid to third parties
and any amounts to refinance an existing property tax loan;
(7) Adding the following statement to the "APR" line
of the "Loan Calculations" section: "This is not your interest rate.";
(8) Omitting the "Prepaid Interest" section if there
is no prepaid interest charged, omitting the "per diem interest" line
if there is no per diem interest charged, and omitting the "discount
points" line if there are no discount points charged;
(9) Adding any required disclosure of affiliated businesses
under §89.504(g) of this title (relating to Requirements for
Disclosure Statement to Property Owner);
(10) Attaching additional pages described by §89.504(b)
of this title; or
(11) Adding an optional, dated signature block at the
very bottom of the second page of the disclosure form, which must
include the following statement directly above the signature line
of the property owner(s): "ACKNOWLEDGMENT OF RECEIPT: By signing below,
I acknowledge only that I have received a copy of this disclosure
prior to closing, this ___ day of _____, 20__."
(A) Adding an optional affirmation statement to the
optional signature block for married property owners: "I affirm that
I am married to ______________________ (insert name of spouse)."
(B) Adding an optional affirmation statement to the
optional signature block for persons signing on behalf of a legal
entity: "I affirm that I am authorized to sign this document on behalf
of ____________________ (insert name of legal entity property owner)."
(C) Adding the property owner's address to the optional
signature block.
(b) A mortgage servicer or the holder of a first lien
may consider making the following types of changes to the model notice
of delinquency under Texas Tax Code, §32.06(f-1) as provided
by Figure: 7 TAC §89.506(b) of this title:
(1) Adding information related to information set forth
in the model disclosures that is not otherwise prohibited by law;
(2) Substituting "property tax lender" for "transferee,"
or using pronouns such as "you" and "your";
(3) Substituting "borrower" for "property owner";
(4) Presenting the model clauses in any order, and
combining or further segregating the model clauses, if the revised
format does not significantly adversely affect the substance, clarity,
or meaningful sequence of the disclosures;
(5) Inserting descriptive titles, headings, subheadings,
numbering, captions, and illustrative or explanatory tables or sidebars
may be used to distinguish between different levels of information
or to provide emphasis; or
(6) Making other changes which do not affect the substance
of the disclosures.
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| Source Note: The provisions of this §89.507 adopted to be effective January 3, 2008, 32 TexReg 9944; amended to be effective September 5, 2013, 38 TexReg 5707; amended to be effective November 9, 2017, 42 TexReg 6131 |
