Texas § FI.307.001 - DEFINITIONS

§ FI.307.001. DEFINITIONS

DEFINITIONS. In this chapter: (1) "Collateral" means property pledged or used to secure payment, repayment, or performance under a credit or lease agreement, including personal property, real property, fixtures, inventory, receivables, rights, or privileges. (2) "Collateral protection insurance" means insurance coverage described by Section 307.051 . (3) "Credit agreement" means a written document that sets forth the terms of a credit transaction. (4) "Credit transaction" means a transaction with terms that require the payment of money, goods, services, property, rights, or privileges on a future date and in which the obligation for payment is secured by collateral. (5) "Creditor" means a person who is a lender of money or a vendor or lessor of goods, services, property, rights, or privileges for which a payment is arranged through a credit transaction and includes any successor to the rights, title, interest, or liens of the lender, vendor, or lessor. (6) "Debtor" means a borrower of money or a purchaser or lessee of goods, services, property, rights, or privileges for which payment is arranged through a credit agreement. The term does not include a person who is not a primary obligor under a credit transaction or who is not jointly and severally liable with the debtor for the obligation. (7) "Title insurance" means insurance that may be issued only by persons regulated under Title 11, Insurance Code, and that insures: (A) a lender or owner against loss caused by: (i) defective title held by the mortgagor or owner or insured; (ii) unknown mortgages or defective recording of mortgages or liens on real property; (iii) failure of any person to pay ad valorem taxes resulting in a lien; or (iv) failure to research properly title, taxes, liens, or other matters relative to the validity of loans or liens secured by real property or insurance; or (B) the validity, enforceability, or priority of any lien or title on real property. Added by Acts 2001, 77th Leg., ch. 726, Sec. 1, eff. Sept. 1, 2001. Amended by: Acts 2005, 79th Leg., Ch. 728 (H.B. 2018 ), Sec. 11.115, eff. September 1, 2005. SUBCHAPTER B. REQUIREMENTS FOR COLLATERAL PROTECTION INSURANCE