| (a) Scope. This section applies to a request described
by Texas Tax Code, §32.06(a-6) that:
(1) includes a request for the total payoff amount
of a property tax loan;
(2) is sent to a property tax lender; and
(3) is sent by:
(A) the holder of an existing recorded lien on the
property subject to the property tax loan; or
(B) a mortgage servicer (or another person) on behalf
of a lienholder described by subparagraph (A) of this paragraph.
(b) Required elements. A request under this section
must include:
(1) the date of the request;
(2) the requested balance date, which must be:
(A) no earlier than 7 days after the date of the request;
and
(B) no later than 30 days after the date of the request;
(3) the name and address of the lienholder that is
making the request (or on whose behalf the request is made);
(4) the name of the property tax lender;
(5) the name of the borrower;
(6) the address or a legal description of the property
subject to the property tax loan;
(7) one of the following:
(A) the tax account number used by the taxing unit(s);
(B) the property identification number used by the
taxing unit(s); or
(C) the property tax loan number used by the property
tax lender;
(8) a statement substantially similar to the following:
"We (the lienholder) request a statement of the total amount due under
the property tax loan on the property listed above, as of the requested
balance date. We hold an existing recorded lien on the property.";
(9) a valid delivery method by which the property tax
lender must deliver the payoff statement. The lienholder must choose
only one delivery method, and the delivery method must be one of the
following:
(A) a mailing address;
(B) a fax number; or
(C) an e-mail address;
(10) a statement certifying the purpose for which the
lienholder is requesting the payoff statement, substantially similar
to one of the following:
(A) "We are requesting a payoff statement for informational
purposes under Section 32.06(a-6) of the Texas Tax Code. The payoff
statement should be delivered to us within 7 business days of when
you receive this request, unless Title 7, Section 89.802 of the Texas
Administrative Code provides otherwise.";
(B) "We are requesting a payoff statement because we
have the right to pay off the property tax loan under Section 32.06(f)
of the Texas Tax Code. Within the last six months, we received notice
that the property tax loan was delinquent for at least 90 consecutive
days.";
(C) "We are requesting a payoff statement because we
have the right to pay off the property tax loan under Section 32.06(f-1)
of the Texas Tax Code. We are the holder of a preexisting first lien
on the property that was delinquent for at least 90 consecutive days
and referred to a collection specialist. Within the last six months,
we notified the property tax lender of the delinquency in compliance
with the Texas Tax Code."; or
(D) "We are requesting a payoff statement because we
have the right to pay off the property tax loan under Section 32.065(b-1)
of the Texas Tax Code. The property owner defaulted on the property
tax loan and received a notice of acceleration."; and
(11) the signature of the lienholder or the lienholder's
representative.
(c) Permissible elements. A request under this section
may include:
(1) additional contact information for the requesting
lienholder;
(2) the name, address, and contact information of the
mortgage servicer (or another person who sends the request on the
lienholder's behalf);
(3) the name of one or more co-borrowers on the property
tax loan;
(4) the address of the property tax lender; and
(5) reasonable additional instructions regarding delivery
of the payoff statement.
(d) Method of delivery. The request must be delivered
by one or more of the following methods:
(1) U.S. mail with prepaid first-class postage;
(2) U.S. certified mail with return receipt requested;
(3) a commercial delivery service with tracking abilities;
(4) a courier service;
(5) fax to a number designated by the property tax
lender for receiving requests for payoff statements; or
(6) e-mail to an address designated by the property
tax lender for receiving requests for payoff statements.
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