Texas § 180.153 PROHIBITED ACTS AND PRACTICES.

Texas Statutes

§ 180.153 — PROHIBITED ACTS AND PRACTICES.

Texas § 180.153

Code FIFinance Code

This text of Texas § 180.153 (PROHIBITED ACTS AND PRACTICES.) is published on Counsel Stack Legal Research, covering Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Tex. Finance Code Code Ann. § 180.153 (2026).

Text

Sec. 180.153. PROHIBITED ACTS AND PRACTICES. An individual or other person subject to regulation under this chapter may not:

(1)employ, directly or indirectly, a scheme, device, or artifice to defraud or mislead borrowers or lenders or to defraud a person;

(2)engage in an unfair or deceptive practice toward a person;

(3)obtain property by fraud or misrepresentation;

(4)solicit or enter into a contract with a borrower that provides in substance that the individual or other person subject to this chapter may earn a fee or commission through "best efforts" to obtain a loan even though no loan was actually obtained for the borrower;

(5)solicit, advertise, or enter into a contract for specific interest rates, points, or other financing terms unless the terms are actually available at the t

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Sec. 180.153. PROHIBITED ACTS AND PRACTICES. An individual or other person subject to regulation under this chapter may not:
(1) employ, directly or indirectly, a scheme, device, or artifice to defraud or mislead borrowers or lenders or to defraud a person;
(2) engage in an unfair or deceptive practice toward a person;
(3) obtain property by fraud or misrepresentation;
(4) solicit or enter into a contract with a borrower that provides in substance that the individual or other person subject to this chapter may earn a fee or commission through "best efforts" to obtain a loan even though no loan was actually obtained for the borrower;
(5) solicit, advertise, or enter into a contract for specific interest rates, points, or other financing terms unless the terms are actually available at the time of soliciting, advertising, or contracting;
(6) conduct any business regulated by this chapter without holding a license as required by this chapter;
(7) assist, aid, or abet an individual in the conduct of business without a license required by this chapter;
(8) fail to make disclosures as required by this chapter and any other applicable state or federal law, including rules or regulations under applicable state or federal law;
(9) fail to comply with this chapter or rules adopted under this chapter;
(10) fail to comply with any other state or federal law, including rules or regulations adopted under that law, applicable to a business or activity regulated by this chapter;
(11) make, in any manner, a false or deceptive statement or representation;
(12) negligently make a false statement or knowingly or wilfully make an omission of material fact in connection with:
(A) information or a report filed with a governmental agency or the Nationwide Mortgage Licensing System and Registry; or
(B) an investigation conducted by the regulatory official or another governmental agency;
(13) make a payment, threat, or promise, directly or indirectly, to a person for purposes of influencing the person's independent judgment in connection with a residential mortgage loan, or make a payment, threat, or promise, directly or indirectly, to an appraiser of property, for purposes of influencing the appraiser's independent judgment with respect to the property's value;
(14) collect, charge, attempt to collect or charge, or use or propose an agreement purporting to collect or charge a fee prohibited by this chapter;
(15) cause or require a borrower to obtain property insurance coverage in an amount that exceeds the replacement cost of the improvements as established by the property insurer; or
(16) fail to truthfully account for money belonging to a party to a residential mortgage loan transaction.
SUBCHAPTER D-1. REQUIREMENT FOR INDIVIDUALS ORIGINATING RESIDENTIAL MORTGAGE LOANS EXCLUSIVELY FOR CERTAIN DEPOSITORY INSTITUTION