This is not legal advice for your situation*

At Your Service: Approval of Texas Plain Language Documents

Written by Melanie A. Feliciano

A contract for a loan under Chapter 342 of the Finance Code (i.e., a secondary mortgage loan with an effective rate of greater than 10 percent) or a home equity loan regulated by the Texas Office of Consumer Credit Commissioner ("OCCC") must be written in "plain language." In accordance with these Plain Language Contract Rules, the OCCC provides model notes and security instruments for second lien home equity loans and second lien purchase money loans. Because the lender must use the OCCC model forms, DSI provides these in the following generic plan codes:

1_TX1 Texas Purchase Money Homestead or Second Home
1_TX5 Texas Homestead Cash-Out or Refi With Cash-Out

For a non-standard plain language document, the OCCC must approve each document. Under Texas Finance Code Section 341.502(d), a non-standard plain language contract submitted to the TX OCCC for approval may be used on the date it is submitted for review.

Because the OCCC has not provided model forms for the below loan types, DSI's Compliance Department has prepared and submitted to the OCCC the following documents on the following dates for the generic plan codes set forth below:

SUBMISSION DATE PLAN CODE DOCUMENTS SUBMITTED
March 1, 2005 1__TX1 Fixed Rate Balloon Note (having a 15-year term amortized over 30 years) and an accompanying Balloon Rider
April 27, 2006 1__TX2
1__TX3
txpnr.msc and corresponding security instrument (Non-Mers Version) (Mers Version)

The above documents have been used since the date of their submission to the OCCC. If you have any questions regarding these plain language documents, please contact the Compliance Department.

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Melanie A. Feliciano is Assistant General Counsel of Document Systems, Inc. and a member of its Compliance Department.





*This article is distributed to provide general information about the subject matter covered and should not be utilized as a substitute for professional advice in specific situations. If you require such advice, please consult with your own professional advisers.