Texas Finance Code 342.502 – Amount Authorized
(a) A lender may not directly or indirectly charge, contract for, or receive an amount that is not authorized under this chapter in connection with a loan to which this chapter applies, including any fee, compensation, bonus, commission, brokerage, discount, expense, and any other charge of any nature, whether or not listed by this subsection.
(b) On a loan subject to Subchapter E or a secondary mortgage loan subject to Subchapter G a lender may assess and collect from the borrower an amount incurred by the lender for:
(1) court costs;
(2) attorney’s fees assessed by a court, in addition to those provided by § 342.307;
(3) a fee authorized by law for filing, recording, or releasing in a public office a security for a loan;
(4) a reasonable amount spent for repossessing, storing, preparing for sale, or selling any security;
(5) a fee for recording a lien on or transferring a certificate of title to a motor vehicle offered as security for a loan made under this chapter; or
(6) a premium or an identifiable charge received in connection with the sale of insurance authorized under this chapter.
Terms Used In Texas Finance Code 342.502
- Contract: A legal written agreement that becomes binding when signed.
- Lien: A claim against real or personal property in satisfaction of a debt.
- Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
(c) Deleted by Acts 1999, 76th Leg., ch. 935, Sec. 2.04, eff. Sept. 1, 1999.
(d) On a loan subject to this chapter a lender may assess and collect a fee that does not exceed the amount prescribed by § 3.506, Business & Commerce Code, for the return by a depository institution of a dishonored check, negotiable order of withdrawal, or share draft offered in full or partial payment of a loan.