Texas Finance Code 347.053 – Provisions Prohibited in Credit Document
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Terms Used In Texas Finance Code 347.053
- Consumer: means a person to whom credit is extended in a credit transaction. See Texas Finance Code 347.002
- Credit document: means a written instrument evidencing a credit transaction and includes all written agreements between each consumer and creditor that relate to that transaction. See Texas Finance Code 347.002
- Credit transaction: means :
(A) any sale, loan, or other transaction involving a retail purchase of a manufactured home and under which a person in a written agreement, including a credit sales contract or loan instrument, grants to another person a purchase money lien on the manufactured home to secure an extension of credit that is:
(i) subject to a finance charge; or
(ii) payable in more than four installments, not including a down payment; and
(B) a lease or bailment described by § 347. See Texas Finance Code 347.002 - Creditor: means a:
(A) person who extends credit or arranges for the extension of credit in a credit transaction; or
(B) retailer or broker, as defined by § 1201. See Texas Finance Code 347.002 - Manufactured home: has the meaning assigned by § 1201. See Texas Finance Code 347.002
- 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
- Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
A credit document may not:
(1) contain a power of attorney to confess judgment in this state;
(2) contain an assignment of wages;
(3) provide that the consumer agrees not to assert against a creditor or an assignee of the credit transaction a claim or defense arising out of the sale; or
(4) authorize the creditor or a person acting on the creditor’s behalf to:
(A) enter the consumer’s premises unlawfully; or
(B) commit a breach of the peace in the repossession of a manufactured home.