1-1 AN ACT
1-2 relating to a mortgage guaranty insurance policy.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Article 21.50, Insurance Code, is amended by
1-5 adding Section 1B to read as follows:
1-6 Sec. 1B. NOTICE TO BORROWER. (a) A lender that requires a
1-7 borrower to purchase mortgage guaranty insurance shall provide
1-8 annually to the borrower a copy of the following written notice
1-9 printed in at least 10-point bold-faced type:
1-10 "NOTICE OF RIGHT TO CANCEL PRIVATE MORTGAGE INSURANCE: If
1-11 you currently pay private mortgage insurance premiums, you may have
1-12 the right to cancel the insurance and cease paying premiums. This
1-13 would permit you to make a lower total monthly mortgage payment and
1-14 to possibly receive a refund of any unearned premiums on the
1-15 policy. In most cases, you have the right to cancel private
1-16 mortgage insurance if the principal balance of your loan is 80
1-17 percent or less of the current fair market appraised value of your
1-18 home. If you want to learn whether you are eligible to cancel this
1-19 insurance, please contact us at (address and telephone number of
1-20 lender) or the Texas Department of Insurance consumer help line at
1-21 (the appropriate toll-free telephone number)."
1-22 (b) If a lender receives a refund of an unearned mortgage
1-23 guaranty insurance premium paid by a borrower, the lender shall
1-24 remit the refund to the borrower not later than the 10th business
2-1 day after the date on which the lender receives the refund.
2-2 (c) If federal law requires a lender to provide a borrower
2-3 with a written notice containing substantially the same information
2-4 required by Subsection (a) of this section, a lender who provides
2-5 the notice required by federal law within the period prescribed by
2-6 federal law satisfies the notice requirement of Subsection (a) of
2-7 this section.
2-8 (d) In this section, "lender" has the meaning assigned by
2-9 Section 1(1), Article 21.48A, of this code.
2-10 SECTION 2. This Act takes effect January 1, 1998.
2-11 SECTION 3. The importance of this legislation and the
2-12 crowded condition of the calendars in both houses create an
2-13 emergency and an imperative public necessity that the
2-14 constitutional rule requiring bills to be read on three several
2-15 days in each house be suspended, and this rule is hereby suspended.
_______________________________ _______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 1755 was passed by the House on May
8, 1997, by a non-record vote; and that the House concurred in
Senate amendments to H.B. No. 1755 on May 24, 1997, by a non-record
vote.
_______________________________
Chief Clerk of the House
I certify that H.B. No. 1755 was passed by the Senate, with
amendments, on May 21, 1997, by a viva-voce vote.
_______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor