Current through Reg. 49, No. 45; November 8, 2024
Section 78.201 - Right to Deduct; Notice of Deduction(a) Purpose. The purpose of this section is to clarify and establish requirements related to a wrap borrower's right to make deductions from the amounts the wrap borrower owes to the wrap lender under the terms of a wrap mortgage loan, as provided by Finance Code § 159.202.(b) Notice of Deduction. To the extent the wrap borrower seeks to exercise its right to deduct amounts owed to the wrap lender pursuant to Finance Code § 159.202, the wrap borrower must, at the time the wrap borrower makes the deduction, provide the wrap lender or its third-party servicer notice of the amounts deducted including:(1) an itemized list of the deductions made, describing in detail the amounts paid by the wrap borrower on behalf of the wrap lender;(2) the dates on which such payments were made; and(3) supporting documentation evidencing paragraphs (1) and (2) of this subsection.7 Tex. Admin. Code § 78.201
Adopted by Texas Register, Volume 46, Number 53, December 31, 2021, TexReg 9239, eff. 1/8/2022