But, if a discount point is necessary to originate the loan, rather than an option to the borrower, it is no longer prepaid interest, but a fee, subject to the fee cap found at 7 Tex.

Is the highlighted section citation the correct portion of the code referenced 

‘ But, if a discount point is necessary to originate the loan, rather than an option to the borrower, it is no longer prepaid interest, but a fee, subject to the fee cap found at 7 Tex. Admin. Code § 89.601(b)-(c). Norwood,’418 S.W.3d at 596 (discount points are not fees needed to originate the loan); 7 Admin. Code § 89;’6’0,1(d)(3); Ex. A. Upon realizing that some property tax lenders were not using discount points in a way that complies with applicable law, the Finance Commission and OCCC adopted rules to provide guidance to 5 property tax lenders’ on the use of legitimate discount points,2 “to ensure transparency in connection with ‘ discount points and to enable the borrower to make an informed decision before closing.” 40 TeX. Reg. 2353; Ex. B.

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