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Tex. Gov't Code § 83.001

PROHIBITED ACTS

Applied in 2 court decisions — leading case O'Sullivan v. Countrywide Home Loans, Inc. (2001)

Most recently applied in North American Mortgage Co. v. O'Hara (December 2004)

Added by Acts 1989, 71st Leg., ch. 2, Sec. 8.43(a), eff

(a) A person, other than a person described in Subsection (b), may not charge or receive, either directly or indirectly, any compensation for all or any part of the preparation of a legal instrument affecting title to real property, including a deed, deed of trust, note, mortgage, and transfer or release of lien.

(b) This section does not apply to:

(1) an attorney licensed in this state;

(2) a licensed real estate broker or salesperson performing the acts of a real estate broker pursuant to Chapter 1101, Occupations Code; or

(3) a person performing acts relating to a transaction for the lease, sale, or transfer of any mineral or mining interest in real property.

(c) This section does not prevent a person from seeking reimbursement for costs incurred by the person to retain a licensed attorney to prepare an instrument.

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