7 Tex. Admin. Code § 89.507

Current through Reg. 49, No. 45; November 8, 2024
Section 89.507 - Permissible Changes
(a) A property tax lender must use the required disclosure statement under Texas Tax Code, § RSA 32.06(a-4)(1) as prescribed by Figure: 7 TAC § RSA 89.506(a)(1) or Figure: 7 TAC § RSA 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 § RSA 89.504(g) of this title (relating to Requirements for Disclosure Statement to Property Owner);
(10) Attaching additional pages described by § RSA 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, § RSA 32.06(f-1) as provided by Figure: 7 TAC § RSA 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.

7 Tex. Admin. Code § 89.507

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 by Texas Register, Volume 42, Number 44, November 3, 2017, TexReg 6139, eff. 11/9/2017