Texas Finance Code 154.265 – Default Under Certain Contracts
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(a) Notwithstanding any other law, the purchaser of a trust-funded prepaid funeral benefits contract may not be considered in default under the contract if:
(1) the purchaser has paid at least 85 percent of the contract price; and
(2) the purchaser was unable to pay due to extenuating financial circumstances.
(b) A funeral provider is not required to provide funeral merchandise or services under a trust-funded prepaid funeral benefits contract unless any remaining balance, including any applicable finance charge, owed under the contract is paid before the funeral service or the funeral provider agrees in writing to another payment arrangement.
Terms Used In Texas Finance Code 154.265
- Contract: A legal written agreement that becomes binding when signed.
- Finance charge: The total cost of credit a customer must pay on a consumer loan, including interest. The Truth in Lending Act requires disclosure of the finance charge. Source: OCC
- in writing: includes any representation of words, letters, or figures, whether by writing, printing, or other means. See Texas Government Code 312.011
(c) This section does not affect a purchaser’s right to cancel a trust-funded prepaid funeral benefits contract.