Terms Used In Texas Finance Code 307.001

  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Mortgagor: The person who pledges property to a creditor as collateral for a loan and who receives the money.
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
  • Personal property: All property that is not real property.
  • Property: means real and personal property. See Texas Government Code 311.005
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • Written: includes any representation of words, letters, symbols, or figures. See Texas Government Code 311.005

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.