| (B) Verification of delivery via facsimile. For disclosures
delivered via facsimile, a dated facsimile confirmation page indicating
that the disclosure statement was successfully transmitted to the
fax number provided by the property owner will constitute a rebuttable
presumption for sufficient delivery.
(C) Verification of delivery by certified mail with
return receipt requested. For disclosures delivered by certified mail
with return receipt requested, a dated return receipt indicating that
the disclosure statement was successfully delivered to the property
owner's address will constitute verification of delivery.
(D) Verification of delivery by commercial delivery
service with tracking abilities. For disclosures delivered by commercial
delivery service, a dated receipt indicating that the disclosure statement
was successfully delivered to the property owner's address will constitute
verification of delivery.
(E) Verification of delivery by courier service. For
disclosures delivered by courier service, a dated receipt indicating
that the disclosure statement was successfully delivered to the property
owner will constitute verification of delivery.
(F) Verification of delivery by email. For disclosures
delivered via email, a dated reply email indicating that the disclosure
statement was successfully delivered to the property owner will constitute
verification of delivery. Alternatively, a property owner's affirmative
consent to electronic delivery of the disclosure in accordance with
the Electronic Signatures in Global and National Commerce Act, 15
U.S.C. §7001(c), will constitute a rebuttable presumption for
sufficient delivery.
(f) Acknowledgment at time of closing. At the time
of closing, a property tax lender may deliver an additional copy of
the disclosure statement, but is not required to do so. The property
tax lender must obtain a dated acknowledgment signed by the property
owner stating that the property owner received the disclosure statement
prior to closing. The acknowledgment of receipt may be included on
the disclosure form as provided in §89.507(a)(11) of this title
(relating to Permissible Changes).
(1) Married property owners. If the property is designated
as a homestead, the signatures of both spouses must be obtained by
the property tax lender in order to acknowledge delivery of a disclosure
under this section.
(2) Property owned by a legal entity. If the property
is owned by a legal entity (e.g., a living trust), the signature of
a person with authority to sign on behalf of the legal entity must
be obtained by the property tax lender in order to acknowledge delivery
of a disclosure under this section.
(g) Disclosure of affiliated businesses. If a property
tax lender regularly contracts with one or more affiliated businesses
for services under Texas Finance Code, §351.0021(a)(4), (a)(5),
(a)(6), (a)(7), (a)(8), or (a)(10) that are not performed by an employee
of the property tax lender, then the disclosure statement must include
a statement substantially similar to the following: "The property
tax lender can impose certain additional charges after closing. Some
of these charges may be paid to (INSERT NAME OF AFFILIATED BUSINESS
OR BUSINESSES), which is affiliated with the property tax lender.
The costs paid to the affiliated business cannot be for services performed
by employees of the property tax lender."
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| Source Note: The provisions of this §89.504 adopted to be effective January 3, 2008, 32 TexReg 9944; amended to be effective July 5, 2012, 37 TexReg 4874; amended to be effective September 5, 2013, 38 TexReg 5707; amended to be effective March 15, 2015, 40 TexReg 1068; amended to be effective November 9, 2017, 42 TexReg 6131 |
