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Texas Finance Code - FIN § 343.103. Disclosure of Mortgage Information to Surviving Spouse

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

(a) In this section:

(1) “Estate” has the meaning assigned by Section 22.012, Estates Code.

(2) “Heir” has the meaning assigned by Section 22.015, Estates Code.

(3) “Mortgage servicer” and “mortgagor” have the meanings assigned by Section 51.0001, Property Code.

(b) Not later than the 30th day after a mortgage servicer of a home loan receives a request for the information from the surviving spouse of a mortgagor of the home loan, accompanied by the proof required under Subsection (c), the mortgage servicer shall provide the surviving spouse with information that the mortgagor would have received in a standard monthly statement, including:

(1) the current balance information, including the due dates and the amount of any installments;

(2) whether the loan is current and any amounts that are delinquent;

(3) any loan number; and

(4) the amount of any escrow deposit for taxes and insurance purposes.

(c) A surviving spouse must prove the person's status by providing:

(1) a death certificate of the mortgagor;

(2) an affidavit of disinterested witnesses that is in the form referenced in Section 203.002, Estates Code, including language stating that the surviving spouse was married to the mortgagor at the time of the mortgagor's death; and

(3) an affidavit signed by the surviving spouse stating that the surviving spouse is currently residing in the underlying mortgaged property as the primary residence.

(d) The request from the surviving spouse must also include a notice to the mortgage servicer that states in bold-faced, capital, or underlined letters: “THIS REQUEST IS MADE PURSUANT TO TEXAS FINANCE CODE SECTION 343.103. SUBSEQUENT DISCLOSURE OF INFORMATION IS NOT IN CONFLICT WITH THE GRAMM-LEACH-BLILEY ACT UNDER 15 U.S.C. SECTION 6802(e)(8).”

(e) A mortgage servicer that provides the information as required under this section is not liable to the estate of the mortgagor or any heir or beneficiary of the mortgagor as a result of providing this information to the surviving spouse.

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Cite this article: FindLaw.com - Texas Finance Code - FIN § 343.103. Disclosure of Mortgage Information to Surviving Spouse - last updated January 01, 2024 | https://codes.findlaw.com/tx/finance-code/fin-sect-343-103/

Read this complete Texas Finance Code - FIN § 343.103. Disclosure of Mortgage Information to Surviving Spouse on Westlaw

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