Sec. 159.106. BORROWER'S RIGHT OF ACTION. (a) A wrap borrower may bring an action to:
(1) obtain declaratory or injunctive relief to enforce this subchapter;
(2) recover any actual damages suffered by the wrap borrower as a result of a violation of this subchapter; or
(3) obtain other remedies available under this subchapter or in an action under Section 17.50, Business & Commerce Code, as otherwise authorized under this subchapter.
(b) A wrap borrower who prevails in an action under this section may recover court costs and reasonable attorney's fees.
Added by Acts 2021, 87th Leg., R.S., Ch. 76 (S.B. 43), Sec. 3, eff. January 1, 2022.
Structure Texas Statutes
Title 3 - Financial Institutions and Businesses
Subtitle E - Other Financial Businesses
Chapter 159 - Wrap Mortgage Loan Financing
Subchapter C. Transaction Requirements; Remedies
Section 159.101. Disclosure Statement; Option to Rescind
Section 159.102. Foreign Language Requirement
Section 159.103. Failure to Provide Disclosure: Tolling of Limitations
Section 159.104. Failure to Provide Disclosure Before Closing; Right of Rescission
Section 159.105. Enforceability of Wrap Lien
Section 159.106. Borrower's Right of Action