Finance Code › Title 3 › Chapter 159 › Subchapter C

Texas Finance Code § 159.107

Waiver or Avoidance Prohibited

Wrap Mortgage Loan Financing · Transaction Requirements; Remedies

(a) Any purported waiver of a right of a wrap borrower under this subchapter or purported exemption of a person from liability for a violation of this subchapter is void.

(b) A person who is a party to a residential real estate transaction may not evade the application of this subchapter by any device, subterfuge, or pretense, and any attempt to do so is void and a deceptive trade practice under Subchapter E, Chapter 17, Business & Commerce Code, and is actionable under that subchapter.

Official text of the Texas Finance Code as published by the Texas Legislative Council.

Official source
Legislative history

Added by Acts 2021, 87th Leg., R.S., Ch. 76 (S.B. 43), Sec. 3, eff. January 1, 2022.

Other codes referenced

Bus. & Com. § 17.41