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Tex. Fin. Code § 348.501

LICENSE REQUIRED

Applied in 2 court decisions — leading case 726 F. Supp. 2d 659 - Cox v. Hilco Receivables, LLC (2010)

Most recently applied in 458 F. App'x 385 - Warren Waite, Jr. v. Lowell Cage (January 2012)

Added by Acts 2001, 77th Leg., ch. 1235, Sec. 18, eff

(a) A person may not act as a holder under this chapter unless the person:

(1) is an authorized lender or a credit union; or

(2) holds a license issued under this chapter.

(b) A person who is required to hold a license under this chapter must ensure that each office at which retail installment transactions are made, serviced, held, or collected under this chapter is licensed or otherwise authorized to make, service, hold, or collect retail installment transactions in accordance with this chapter and rules implementing this chapter.

(c) A license holder under this chapter who engages in the sale of a motor vehicle to be used as a principal dwelling must meet the surety bond or recovery fund fee requirements, as applicable, of the holder's residential mortgage loan originator under Section 180.058.

(d) A person may not use any device, subterfuge, or pretense to evade the application of this section.

Official source: Texas Constitution and Statutes. Reproduced from public-domain Texas statutes; confirm against the official source for the current text. Not legal advice.