Texas § FI.180.153 - PROHIBITED ACTS AND PRACTICES

§ FI.180.153. PROHIBITED ACTS AND PRACTICES

PROHIBITED ACTS AND PRACTICES. An individual or other person subject to regulation under this chapter may not: (1) employ, directly or indirectly, a scheme, device, or artifice to defraud or mislead borrowers or lenders or to defraud a person; (2) engage in an unfair or deceptive practice toward a person; (3) obtain property by fraud or misrepresentation; (4) solicit or enter into a contract with a borrower that provides in substance that the individual or other person subject to this chapter may earn a fee or commission through "best efforts" to obtain a loan even though no loan was actually obtained for the borrower; (5) solicit, advertise, or enter into a contract for specific interest rates, points, or other financing terms unless the terms are actually available at the time of soliciting, advertising, or contracting; (6) conduct any business regulated by this chapter without holding a license as required by this chapter; (7) assist, aid, or abet an individual in the conduct of business without a license required by this chapter; (8) fail to make disclosures as required by this chapter and any other applicable state or federal law, including rules or regulations under applicable state or federal law; (9) fail to comply with this chapter or rules adopted under this chapter; (10) fail to comply with any other state or federal law, including rules or regulations adopted under that law, applicable to a business or activity regulated by this chapter; (11) make, in any manner, a false or deceptive statement or representation; (12) negligently make a false statement or knowingly or wilfully make an omission of material fact in connection with: (A) information or a report filed with a governmental agency or the Nationwide Mortgage Licensing System and Registry; or (B) an investigation conducted by the regulatory official or another governmental agency; (13) make a payment, threat, or promise, directly or indirectly, to a person for purposes of influencing the person's independent judgment in connection with a residential mortgage loan, or make a payment, threat, or promise, directly or indirectly, to an appraiser of property, for purposes of influencing the appraiser's independent judgment with respect to the property's value; (14) collect, charge, attempt to collect or charge, or use or propose an agreement purporting to collect or charge a fee prohibited by this chapter; (15) cause or require a borrower to obtain property insurance coverage in an amount that exceeds the replacement cost of the improvements as established by the property insurer; or (16) fail to truthfully account for money belonging to a party to a residential mortgage loan transaction. Added by Acts 2009, 81st Leg., R.S., Ch. 1104 (H.B. 10 ), Sec. 1, eff. June 19, 2009. SUBCHAPTER D-1. REQUIREMENT FOR INDIVIDUALS ORIGINATING RESIDENTIAL MORTGAGE LOANS EXCLUSIVELY FOR CERTAIN DEPOSITORY INSTITUTION