In this chapter:
- (1) "Commissioner" means the savings and mortgage lending commissioner.
- (2) "Finance commission" means the Finance Commission of Texas.
- (3) "Residential mortgage loan" has the meaning assigned by Section 180.002.
- (4) "Residential real estate" has the meaning assigned by Section 180.002.
- (5) "Wrap borrower" means a person obligated to pay a wrap mortgage loan.
(6) "Wrap lender" means:
- (A) a person who makes a wrap mortgage loan; or
- (B) an owner of residential real estate who contracts with another person to make a wrap mortgage loan to a wrap borrower on the owner's behalf to finance the purchase of the owner's residential real estate.
(7) "Wrap mortgage loan" means a residential mortgage loan:
(A) made to finance the purchase of residential real estate that will continue to be subject to an unreleased lien that:
- (i) attached to the residential real estate before the loan was made; and
- (ii) secures a debt incurred by a person other than the wrap borrower that was not paid off at the time the loan was made; and
(B) obligating the wrap borrower to the wrap lender for payment of a debt the principal amount of which includes:
- (i) the outstanding balance of the debt described by Paragraph (A)(ii); and
- (ii) any remaining amount of the purchase price financed by the wrap lender.
Added by Acts 2021, 87th Leg., R.S., Ch. 76 (S.B. 43), Sec. 3, eff. January 1, 2022.