(a) A lender and a borrower may enter into an agreement under which a term of a secondary mortgage loan contract is amended, restated, or rescheduled.
(b) An agreement under this section must be written and signed by the lender and borrower.

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Terms Used In Texas Finance Code 342.456

  • Contract: A legal written agreement that becomes binding when signed.
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Signed: includes any symbol executed or adopted by a person with present intention to authenticate a writing. See Texas Government Code 311.005
  • Written: includes any representation of words, letters, symbols, or figures. See Texas Government Code 311.005

(c) An agreement under this section must contain:
(1) the date of the agreement;
(2) the name and address of the lender; and
(3) the name and address of each borrower.
(d) The lender shall deliver a copy of an agreement under this section to the borrower.