Residential Disclosures From Sellers And Lenders Page 57
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100Residential Disclosures From Lenders
law within the period prescribed by federal
12-point uppercase letters and reads substantially
law satisfies the notice requirement of
as follows:
Subsection (a) of this section. (Emphasis
NOTICE OF CONFIDENTIALITY RIGHTS:
added)
IF YOU ARE A NATURAL PERSON, YOU
MAY REMOVE OR STRIKE ANY OF THE
Link:
FOLLOWING INFORMATION FROM THIS
INSTRUMENT BEFORE IT IS FILED FOR
1/content/htm/i1.001.00.000021.00.htm#21.
RECORD IN THE PUBLIC RECORDS: YOUR
50.00
SOCIAL SECURITY NUMBER OR YOUR
DRIVER'S LICENSE NUMBER.
Comment:
(c) The validity of an instrument as
See AG Opinion JC-0045. May 11, 1999
between the parties to the instrument and the
which provided its summary as:
notice provided by the instrument are not
affected by a party's failure to include the notice
The
private
mortgage
insurance
required under Subsection (b).
notification requirements of federal law
(d) The county clerk may not reject an
found in the Homeowners Protection Act
instrument presented for recording because the
of July, 1998, Pub. L. No. 105-216, 112
instrument contains or fails to contain a social
Stat. 902 (to be codified at 12 U.S.C. Sec
security number or driver's license number. If
4903(a)(3), (b)) are consistent with those
the county clerk accepts an instrument for
in state law found in Texas Insurance
recording, the recording of the instrument creates
Code article 21.50, section 1B(a). A loan
a conclusive presumption that the requirements
servicer should comply with the state
of this section have been met.
requirements in Insurance Code article
(e) The county clerk shall post a notice
21.5, 1B(a), and in doing so, satisfies the
in the county clerk's office stating that
federal requisites.
instruments recorded in the real property or
official public records or the equivalent of the
Link:
real property or official public records of the
county and executed on or after January 1, 2004:
45.pdf
(1) are not required to contain a
social security number or driver's license number;
Comment: Hmmm. I don’t think this
and
qualifies as a “safe-harbor”. It is always nice
(2) are public records available
when a state regulator waives a state
for review by the public.
requirement when a similar federal
(f) All instruments recorded under this
requirement is met, or a federal regulator
section are subject to inspection by the public.
lets a similar state requirement satisfy a
(g) Unless this section is cited in a law
federal requirement, but a state regulator
enacted after September 1, 2003, this section is
waiving off a federal requirement leaves me
the exclusive law governing the confidentiality of
with a little bit of an empty feeling.
personal information contained in the real
property or official public records or the
4. Property Code
equivalent of the real property or official public
records of a county.
a. Sec. 11.008
(h)
To the extent that federal law
conflicts with this section, an instrument must
CONFIDENTIAL INFORMATION IN
contain the information required by and must be
REAL PROPERTY RECORDS.
filed in a manner that complies with federal law.
(a) In this section, "instrument" means a
deed, mortgage, or deed of trust.
Link:
(b) An instrument executed on or after
January 1, 2004, transferring an interest in real
ntent/htm/pr.003.00.000011.00.htm#11.008.00
property to or from an individual may not be
recorded unless a notice appears on the first page
of the instrument in 12-point boldfaced type or
11
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