Texas Finance Code 158.052 – Exemptions; Applicability
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(a) This chapter does not require registration by:
(1) a federal or state depository institution, or a subsidiary or affiliate of a federal or state depository institution;
(2) a person registered under Chapter 157;
(3) a person licensed under Chapter 342 or regulated under Chapter 343, if the person does not act as a residential mortgage loan servicer servicing first-lien secured loans; or
(4) a person making a residential mortgage loan with the person’s own funds, or to secure all or a portion of the purchase price of real property sold by that person.
(b) This chapter applies only to a residential mortgage loan servicer that services at least one residential mortgage loan.
Terms Used In Texas Finance Code 158.052
- Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
- Mortgage loan: A loan made by a lender to a borrower for the financing of real property. Source: OCC
- Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
(c) Nothing in this chapter permits a person who is not otherwise exempt from this chapter to act as a residential mortgage loan originator, as defined by § 180.002, without obtaining a license under the applicable provisions of law.