(a) A lender and a borrower may enter into an agreement under which a term of a secondary mortgage loan contract is amended, restated, or rescheduled.
(b) An agreement under this section must be written and signed by the lender and borrower.

Terms Used In Texas Finance Code 342.456

  • Contract: A legal written agreement that becomes binding when signed.
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Signed: includes any symbol executed or adopted by a person with present intention to authenticate a writing. See Texas Government Code 311.005
  • Written: includes any representation of words, letters, symbols, or figures. See Texas Government Code 311.005

(c) An agreement under this section must contain:
(1) the date of the agreement;
(2) the name and address of the lender; and
(3) the name and address of each borrower.
(d) The lender shall deliver a copy of an agreement under this section to the borrower.

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