The challenged provision is part of a larger rule regulating the use of discount points (prepaid interest) in property tax loans.
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Get it written →7 Tex. Admin. Code $ 89.601(a)(5); Exhibit ("Ex.") A. Plaintiffs’ Original Petition ("Pl. Pet.") at 5, 20. The challenged provision is part of a larger rule regulating the use of discount points (prepaid interest) in property tax loans. 7 Tex. Admin. Code $ 89.601(d)(1)-(5); Ex. A. Part (b)(1) provides that discount points must correspond to a reduced interest rate, that the points must not be necessary to originate the loan, and that a lender must provide certain disclosures before closing a loan that includes discount points. Part (d)(2) provides that a fee that is not a legitimate discount point is subject to the maximum fee limit in the rules. Part d)(3) requires that discount points be included in the effective rate of interest, and that discount points be spread if the loan is prepaid in full. Finally, part (d)(4) provides that discount points must be paid at or before the closing of the loan, and may not be included in the funds advanced in connection with the property tax loan. These provisions are not challenged here.
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