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Texas Finance Code - FIN § 156.202. Exemptions

Current as of January 01, 2024 | Updated by Findlaw Staff

(a) In this section, “depository institution,” “dwelling,” and “federal banking agency” have the meanings assigned by Section 180.002.

(a-1) The following entities are exempt from this chapter:

(1) a nonprofit organization:

(A) providing self-help housing that originates zero interest residential mortgage loans for borrowers who have provided part of the labor to construct the dwelling securing the loan;  or

(B) that has designation as a Section 501(c)(3) organization by the Internal Revenue Service and originates residential mortgage loans for borrowers who, through a self-help program, have provided at least 200 labor hours or 65 percent of the labor to construct the dwelling securing the loan;

(2) a mortgage banker registered under Chapter 157;

(3) subject to Subsection (b), any owner of residential real estate who in any 12-consecutive-month period makes no more than three residential mortgage loans to purchasers of the property for all or part of the purchase price of the residential real estate against which the mortgage is secured;  and

(4) an entity that is:

(A) a depository institution;

(B) a subsidiary of a depository institution that is:

(i) owned and controlled by the depository institution;  and

(ii) regulated by a federal banking agency;  or

(C) an institution regulated by the Farm Credit Administration.

(a-2) A person is not required to obtain a license or registration under this chapter to originate a loan subject to Chapter 342 or a loan governed by Section 50(a)(6), Article XVI, Texas Constitution, if the person:

(1) is enrolled in the Nationwide Mortgage Licensing System and Registry;

(2) is licensed under Chapter 342;  and

(3) makes consumer loans subject to:

(A) Subchapter G, Chapter 342;  1  and

(B) Subchapter E or F, Chapter 342.  2

(b) In determining eligibility for an exemption under Subsection (a-1)(3), two or more owners of residential real estate are considered a single owner for the purpose of computing the number of mortgage loans made within the period specified by that subdivision if any of the owners are an entity or an affiliate of an entity, including a general partnership, limited partnership, limited liability company, or corporation, as defined by Section 1.002, Business Organizations Code.

(c) Repealed by Acts 2013, 83rd Leg., ch. 160 (S.B. 1004), § 87(5).

1  V.T.C.A., Finance Code § 342.301 et seq.
2  V.T.C.A., Finance Code §§ 342.201 et seq. and 342.251 et seq.
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Cite this article: FindLaw.com - Texas Finance Code - FIN § 156.202. Exemptions - last updated January 01, 2024 | https://codes.findlaw.com/tx/finance-code/fin-sect-156-202/

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