Texas Register, Volume 40, Number 10, Pages 983-1152, March 6, 2015 Page: 1,078
This periodical is part of the collection entitled: Texas Register and was provided to The Portal to Texas History by the UNT Libraries Government Documents Department.
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(D) Copies of any payoff statements issued by the li-
censee 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 (re-
lating 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 (1) of this title;
(F) If the property tax loan is delinquent for 90 consec-
utive 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 Trans-
feree) and 89.506 of this title;
(H) If the property tax loan is paid off or otherwise sat-
isfied, a copy of the release of lien as required by Texas Tax Code,
32.06(b);
(I) If fees are assessed, charged, or collected after clos-
ing, copies of the receipts, invoices, checks or other records substan-
tiating 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 in-
surance, 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) and (a)(5), 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 par-
ticular property tax loan transaction file; and
(iii) records identifying all amounts paid to an af-
filiated 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 individ-
ual 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 disclo-
sures or notices have been given, copies of the disclosures and notices
sent;
(L) For property tax loan transactions involving a fore-
closure 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 foreclo-
sure 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 em-
ployee 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 em-
ployee 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 prop-
erty;
(VIII) if the property is purchased at the foreclo-
sure 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, in-
volving 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) (previ-
ously codified at Texas Tax Code, 32.06(c)(2)):
(I) the notice to cure the default sent to the prop-
erty 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 prop-
erty 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 un-
der Texas Rules of Civil Procedure, Rule 736.1;
(VI) copies of any returns of citations issued un-
der 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;40 TexReg 1078 March 6, 2015 Texas Register
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Texas. Secretary of State. Texas Register, Volume 40, Number 10, Pages 983-1152, March 6, 2015, periodical, March 6, 2015; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth606207/m1/96/?q=32+TexReg+3206: accessed July 16, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.