Terms Used In Texas Finance Code Chapter 347 > Subchapter H - Actions On Default

• Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
• Comptroller: means the state comptroller of public accounts. See Texas Government Code 312.011
• Consumer: means a person to whom credit is extended in a credit 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
• Department: means the Department of Agriculture. See Texas Agriculture Code 1.003
• Escrow: Money given to a third party to be held for payment until certain conditions are met.
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• 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}
• Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. ^{Source: OCC}
• Lien: A claim against real or personal property in satisfaction of a debt.
• Livestock: means cattle, horses, mules, asses, sheep, goats, llamas, alpacas, exotic livestock, including elk and elk hybrids, and hogs, unless otherwise defined. See Texas Agriculture Code 1.003
• Manufactured home: has the meaning assigned by § 1201. See Texas Finance Code 347.002
• Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
• 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
• Personal property: All property that is not real property.
• Property: means real and personal property. See Texas Government Code 311.005
• Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
• Rule: includes regulation. See Texas Government Code 311.005
• United States: includes a department, bureau, or other agency of the United States of America. See Texas Government Code 311.005
• Written: includes any representation of words, letters, symbols, or figures. See Texas Government Code 311.005