7 TAC § 90.404. Model Contracts; Permissible Changes
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Texas Administrative Code › Title 7 BANKING AND SECURITIES › Part 5 OFFICE OF CONSUMER CREDIT COMMISSIONER › Chapter 90 CHAPTER 342, PLAIN LANGUAGE CONTRACT PROVISIONS › 7 TAC § 90.404
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(a) A licensee may consider making the following types of changes to the second lien home equity loans plain language model clauses:
(1) Adding information related to information set forth in the model clauses that is not otherwise prohibited by law;
(2) Substituting another term for "Lender" or "Borrower" that has the same meaning, or using pronouns such as "you," "we," and "us";
(3) Presenting the model clauses in any order, and combining or further segregating the model clauses;
(4) Inserting descriptive headings or number provisions;
(5) Changing the case of a word if otherwise permitted by the Texas Finance Code; or
(6) Making other changes that do not affect the substance of the disclosures.
(7) A licensee may place its NMLS ID number, the individual residential mortgage loan originator's name, or the originator's NMLS ID on any portion of a document requiring this information, including the signature page. To the extent allowed by Regulation Z,
12 C.F.R. §1026.36
(g), and the official commentary to that section, a licensee may omit:
(A) the licensee's NMLS ID number, if the licensee does not have an NMLS ID number and is not legally required to obtain one; and
(B) the individual residential mortgage loan originator's NMLS ID number, if the originator does not have an NMLS ID number and is not legally required to obtain one.
(8) A sample model note is presented in the following example.
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(9) A sample model security document is presented in the following example.
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(b) A licensee has considerable flexibility to arrange the format of the model form if the revised format does not significantly adversely affect the substance, clarity, or meaningful sequence of the disclosures.
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