Sec. 3. (a) As used in this chapter, “escrow transaction” means a transaction in which a person deposits with a closing agent funds that are to be held until:

(1) a specified event occurs; or

(2) the performance of a prescribed condition;

in connection with the purchase, sale, or financing of an interest in real estate.

     (b) The term does not include a loan financing if:

(1) the only parties to the loan transaction are the lender and the borrower; and

(2) the lender is responsible for disbursing all of the funds to the borrower or to a third party in order to pay fees and charges associated with the loan transaction.

As added by P.L.92-2009, SEC.1.