This section defines “high-cost home loan” and “points and fees.”
Sec. 343.201. DEFINITIONS. In this subchapter: (1) "High-cost home loan" means a loan that: (A) is made to one or more individuals for personal, family, or household purposes; (B) is secured in whole or part by: (i) a manufactured home, as defined by Section 347.002, used or to be used as the borrower's principal residence; or (ii) real property improved by a dwelling designed for occupancy by four or fewer families and used or to be used as the borrower's principal residence; (C) has a principal amount equal to or less than one-half of the maximum conventional loan amount for first mortgages as established and adjusted by the Federal National Mortgage Association; (D) is not: (i) a reverse mortgage; or (ii) an open-end account, as defined by Section 301.002; and (E) is a credit transaction described by 12 C.F.R. Section 1026.32, as amended, except that the term includes a residential mortgage transaction, as defined by 12 C.F.R. Section 1026.2, as amended, if the total loan amount is $20,000 or more and: (i) the annual percentage rate exceeds the rate indicated in 12 C.F.R. Section 1026.32(a)(1)(i), as amended; or (ii) the total points and fees payable by the consumer at or before loan closing will exceed the amount indicated in 12 C.F.R. Section 1026.32(a)(1)(ii), as amended. (2) "Points and fees" has the meaning assigned by 12 C.F.R. Section 1026.32(b), as amended. Added by Acts 2001, 77th Leg., ch. 622, Sec. 1, eff. Sept. 1, 2001. Amended by: Acts 2023, 88th Leg., R.S., Ch. 159 (S.B. 1371), Sec. 15, eff. September 1, 2023.