Sec. 341.606. RECOVERY LIMITS. (a) A person entitled to receive payment out of the fund is entitled to receive reimbursement of actual, out-of-pocket damages as provided by this section.
(b) A payment from the fund may be made as provided by Section 341.605 and this section. A payment for claims:
(1) arising out of the same transaction, including interest, is limited in the aggregate to $25,000, regardless of the number of claimants; and
(2) against a single person licensed as a residential mortgage loan originator under Chapter 342, 347, 348, or 351 is limited in the aggregate to $50,000 until the fund has been reimbursed for all amounts paid.
(c) In the event there are concurrent claims under Subsections (b)(1) and (2) that exceed the amounts available under the fund, the commissioner shall prorate recovery based on the amount of damage suffered by each claimant.
Added by Acts 2009, 81st Leg., R.S., Ch. 1104 (H.B. 10), Sec. 9, eff. June 19, 2009.
Structure Texas Statutes
Title 4 - Regulation of Interest, Loans, and Financed Transactions
Subtitle B - Loans and Financed Transactions
Chapter 341 - General Provisions
Subchapter G. State-Licensed Residential Mortgage Loan Originator Recovery Fund
Section 341.602. State-Licensed Residential Mortgage Loan Originator Recovery Fund
Section 341.604. Statute of Limitations
Section 341.605. Procedure for Recovery
Section 341.606. Recovery Limits
Section 341.607. Revocation of License for Payment From Fund
Section 341.609. Failure to Comply With Subchapter or Rule Adopted by Finance Commission