| (D) Copies of any payoff statements issued by the licensee
or its agent as required by Texas Tax Code, §32.06(a-6) and (f-3),
§89.603 of this title (relating to Fee for Payoff Statement or
for Information on Current Balance Owed), and §89.802 of this
title (relating to Payoff Statements); and copies of any other payoff
statements issued by the licensee or its agent;
(E) Copies of any notifications issued by the licensee
or its agent that a request for a payoff statement was deficient,
or that a payoff statement was returned undeliverable, as required
by §89.802(k) and (l) of this title;
(F) If the property tax loan is delinquent for 90 consecutive
days, a notice of delinquency as required by Texas Tax Code, §32.06(f)
including evidence that the notice was sent by certified mail;
(G) If received by the licensee, a copy of the notice
of delinquency to the licensee from the mortgage servicer or holder
of the first lien as specified by Texas Tax Code, §32.06(f-1)
and §89.505 of this title (relating to Requirements for Notice
of Delinquency to Transferee) and §89.506 of this title;
(H) If the property tax loan is paid off or otherwise
satisfied, a copy of the release of lien as required by Texas Tax
Code, §32.06(b), or if the property tax loan is satisfied through
a foreclosure, the foreclosure deed;
(I) If fees are assessed, charged, or collected after
closing, copies of the receipts, invoices, checks or other records
substantiating the fees as authorized by Texas Finance Code, §351.0021
and Texas Tax Code, §32.06(e-1) including the following:
(i) if the licensee acquires collateral protection
insurance, a copy of the insurance policy or certificate of insurance
and the notice required by Texas Finance Code, §307.052
(ii) receipts or invoices along with proof of payment
for attorney's fees assessed, charged, and collected under Texas Finance
Code, §351.0021(a)(4), (a)(5), and (a)(6), including specific
descriptions of services performed by the attorney, unless the records
required by this clause are maintained under paragraph (1)(B) of this
section, and upon request, the licensee produces these records within
a reasonable amount of time, and itemizes or otherwise indexes individual
entries to a particular property tax loan transaction file; and
(iii) records identifying all amounts paid to an affiliated
business described by paragraph (7) of this section, including a designation
that an amount was paid to an affiliated business and a statement
of which affiliated business was paid, unless the records required
by this clause are maintained under paragraph (1)(B) of this section,
and upon request, the licensee produces these records within a reasonable
amount of time, and itemizes or otherwise indexes individual entries
to a particular property tax loan transaction file;
(J) Copies of any collection letters or notices sent
by the licensee or its agent to the borrower;
(K) For a property tax loan where any separate disclosures
or notices have been given, copies of the disclosures and notices
sent;
(L) For property tax loan transactions involving a
foreclosure or attempted foreclosure, the following records required
by Texas Tax Code, Chapters 32 and 33:
(i) For transactions involving judicial foreclosures
under Texas Tax Code, §32.06(c):
(I) any records pertaining to a judicial foreclosure
including records from the licensee's attorneys, the court, or the
borrower or borrower's agent;
(II) if sent by an attorney who is not an employee
of the licensee, any notice to cure the default sent to the property
owner and each holder of a recorded first lien on the property as
specified by Texas Property Code, §51.002(d) including verification
of delivery of the notice;
(III) if sent by an attorney who is not an employee
of the licensee, any notice of intent to accelerate sent to the property
owner and each holder of a recorded first lien on the property, including
verification of delivery of the notice;
(IV) if sent by an attorney who is not an employee
of the licensee, any notice of acceleration sent to the property owner
and each holder of a recorded first lien on the property;
(V) any written documentation that confirms that the
borrower has deferred their property tax on the property subject to
the property tax loan as permitted under Texas Tax Code, §33.06,
such as the Tax Deferral Affidavit for 65 or Over or Disabled Homeowner,
Form 50-126 filed with the appraisal district, attorney, or court;
(VI) records relating to the distribution of excess
proceeds as required by Texas Tax Code, §34.02 and §34.04;
(VII) the foreclosure deed upon sale of the property;
(VIII) if the property is purchased at the foreclosure
sale by the licensee, copies of receipts or invoices substantiating
any amounts reasonably spent by the purchaser in connection with the
property as costs within the meaning of Texas Tax Code, §34.21(g);
(ii) For transactions closed before May 29, 2013, involving
nonjudicial foreclosures under Act of May 7, 1995, 74th Leg., R.S.,
ch. 131, §1, sec. 32.06(c)(2), 1995 Tex. Gen. Laws 957, as amended
by Act of May 25, 2007, 80th Leg., R.S., ch. 1329, §1, sec. 32.06(c)(2),
2007 Tex. Gen. Laws 4484, 4485 (repealed 2013) (previously codified
at Texas Tax Code, §32.06(c)(2)):
(I) the notice to cure the default sent to the property
owner and each holder of a recorded first lien on the property as
required by Texas Property Code, §51.002(d) including verification
of delivery of the notice;
(II) the notice of intent to accelerate sent to the
property owner and each holder of a recorded first lien on the property,
including verification of delivery of the notice;
(III) the notice of acceleration sent to the property
owner and each holder of a recorded first lien on the property;
(IV) any written documentation that confirms that the
borrower has deferred their property tax on the property subject to
the property tax loan as permitted under Texas Tax Code, §33.06,
such as the Tax Deferral Affidavit for 65 or Over or Disabled Homeowner,
Form 50-126 filed with the appraisal district, attorney, or court;
(V) the application for Order for Foreclosure under
Texas Rules of Civil Procedure, Rule 736.1;
(VI) copies of any returns of citations issued under
Texas Rules of Civil Procedure, Rule 736.3, showing the date and time
the citation was placed in the custody of the U.S. Postal Service;
(VII) copies of any responses filed contesting the
Application for Order for Foreclosure as described in Texas Rules
of Civil Procedure, Rule 736.5;
(VIII) the motion and proposed order to obtain a default
order, if any, under Texas Rules of Civil Procedure, Rule 736.7;
(IX) the order granting or denying the application
for foreclosure as specified under Texas Rules of Civil Procedure,
Rule 736.8;
(X) the notice provided to the recorded preexisting
lienholder, at least, 60 days before the date of the proposed foreclosure;
(XI) the notice of sale as required by Texas Property
Code, §51.002(b) including verification of delivery of the notice;
(XII) records relating to the distribution of excess
proceeds as required by Texas Tax Code, §34.021 and §34.04;
(XIII) the foreclosure deed upon sale of the property;
(XIV) if the property is purchased at the foreclosure
sale by the licensee, copies of receipts or invoices substantiating
any amounts reasonably spent by the purchaser in connection with the
property as costs within the meaning of Texas Tax Code, §34.21(g);
(M) Any other documents necessary to establish the
licensee's compliance with the law.
(4) Corrective entries to the borrower's account record,
if justified, including the reason and supporting documentation for
each corrective entry and any supporting documentation justifying
the corrective entry, maintained under the following documentation
guidelines:
(A) Dual recording in collection contact history permissible.
The reason for the corrective entry may also be recorded in the collection
contact history of the borrower's account record.
(B) Supporting documentation. The supporting documentation
justifying the corrective entry may be maintained in the individual
borrower's account file or properly stored and indexed in a licensee's
optically imaged recordkeeping system.
Cont'd... |
