Tex. Fin. Code § 159.101 · Subchapter C. TRANSACTION REQUIREMENTS; REMEDIES
DISCLOSURE STATEMENT; OPTION TO RESCIND.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(a) A wrap lender must, on or before the seventh day before the wrap mortgage loan agreement is entered into, provide to the wrap borrower a separate written disclosure statement in at least 12-point type that:
(1) contains the information required for a written disclosure statement under Section 5.016, Property Code; and
(2) includes a statement in a form substantially similar to the following:
NOTICE REGARDING PROPERTY INSURANCE: ANY INSURANCE MAINTAINED BY A SELLER, LENDER, OR OTHER PERSON WHO IS NOT THE BUYER OF THIS PROPERTY MAY NOT PROVIDE COVERAGE TO THE BUYER IF THE BUYER SUFFERS A LOSS OR INCURS LIABILITY IN CONNECTION WITH THE PROPERTY. TO ENSURE THE BUYER'S INTERESTS ARE PROTECTED, THE BUYER SHOULD PURCHASE THE BUYER'S OWN PROPERTY INSURANCE. BEFORE PURCHASING THIS PROPERTY, YOU MAY WISH TO CONSULT AN INSURANCE AGENT REGARDING THE INSURANCE COVERAGE AVAILABLE TO YOU AS A BUYER OF THE PROPERTY.
(b) The disclosure statement required under Subsection (a) must be dated and signed by the wrap borrower when the wrap borrower receives the statement.
(c) The finance commission by rule shall adopt a model disclosure statement that satisfies the requirements of Subsection (a).
(d) If the disclosure statement required under Subsection (a) and any disclosure required by Section 159.102 are received by the wrap borrower on or before the closing date of the wrap mortgage loan, the wrap borrower may rescind the wrap mortgage loan agreement and any related purchase agreement or other agreement relating to the loan transaction not later than the seventh day after the date of receipt of the disclosure statement, regardless of whether the disclosure is timely made. On rescission under this subsection, the wrap borrower is entitled to a return of any earnest money, escrow amounts, down payment, or other fees or charges paid in connection with the wrap mortgage loan, the related purchase transaction, and any other related transaction.
Notes and commentary — not statutory text
History
Added by Acts 2021, 87th Leg., R.S., Ch. 76 (S.B. 43), Sec. 3, eff. January 1, 2022.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/FI/htm/FI.159.htm
- Text hash
- sha256 2f70daa5babdd39e8818f59a316a2dea961dee1f6a16e533e519584be87da60c
- Composed by
- compose_tx.py 2026-10-05: the Legislative Council's chapter files read in document order; verify_tx.py's independent reading (lxml DOM walk) agrees character for character
This section cites
Provisions in this library that the text above cites, as it prints each citation. A range cited as “ss. 61.13-61.16” links its first and last provisions.
Cited by 3 provisions
Provisions in this library whose text cites Tex. Fin. Code § 159.101. Each shows the citation as that text prints it.
Finance Code
- Tex. Fin. Code § 159.102FOREIGN LANGUAGE REQUIREMENT.Printed as Section 159.101
- Tex. Fin. Code § 159.103FAILURE TO PROVIDE DISCLOSURE: TOLLING OF LIMITATIONS.Printed as Section 159.101
- Tex. Fin. Code § 159.104FAILURE TO PROVIDE DISCLOSURE BEFORE CLOSING; RIGHT OF RESCISSION.Printed as Section 159.101 | Section 159.101 or 159.102
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