Sec. 342.406. BORROWER'S FAILURE TO PROVIDE REQUIRED INSURANCE. (a) If a borrower fails to obtain or maintain insurance coverage required under a loan contract or requests the lender to obtain that coverage, the lender may obtain substitute insurance coverage that is substantially equivalent to or more limited than the coverage originally required.
(b) If a loan is subject to Subchapter E, the lender may obtain insurance to cover only the interest of the lender as a secured party if the borrower does not request that the borrower's interest be covered.
(c) Insurance obtained under this section must comply with Sections 342.407 and 342.408.
(d) The lender may add the amount advanced by the lender for insurance coverage obtained under this section to the unpaid balance of the loan contract and may charge interest on that amount from the time it is added to the unpaid balance until it is paid. The rate of additional interest may not exceed the rate that the loan contract would produce over its full term if each scheduled payment were paid on the due date.
Amended by Acts 1999, 76th Leg., ch. 62, Sec. 7.19(a), eff. Sept. 1, 1999.
Structure Texas Statutes
Title 4 - Regulation of Interest, Loans, and Financed Transactions
Subtitle B - Loans and Financed Transactions
Section 342.401. Required Property Insurance
Section 342.4021. Agreements Regarding Debt Suspension, Debt Cancellation, and Gap Waiver
Section 342.403. Maximum Amount of Insurance Coverage
Section 342.404. Insurance Notice
Section 342.405. Insurance May Be Furnished by Borrower
Section 342.406. Borrower's Failure to Provide Required Insurance
Section 342.407. Requirements for Including Insurance Charge in Contract
Section 342.408. Furnishing of Insurance Document to Borrower
Section 342.409. Lender's Duty if Insurance Is Adjusted or Terminated
Section 342.410. Payment for Insurance From Loan Proceeds
Section 342.411. Insurance or Other Gain Not Interest
Section 342.412. Action Under Subchapter Not Sale of Insurance
Section 342.413. Required Agent or Broker Prohibited
Section 342.414. Declination of Equal Insurance Coverage Prohibited