Texas Finance Code 126.003 – Enforceability of Agreement Made by Credit Union Before Conservatorship or Liquidation
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Terms Used In Texas Finance Code 126.003
- in writing: includes any representation of words, letters, or figures, whether by writing, printing, or other means. See Texas Government Code 312.011
- 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
An agreement that tends to diminish or defeat the interest of the conservator or liquidating agent in an asset acquired under this chapter, either as security for a loan or by purchase, is not valid against the conservator or liquidating agent unless the agreement is:
(1) in writing;
(2) executed by the credit union and each person claiming an adverse interest under the agreement, including the obligor, contemporaneously with the acquisition of the asset by the credit union;
(3) approved by the board with the approval recorded in the minutes of the board; and
(4) an official record of the credit union continuously from the time of its execution.