Sec. 351.0021. AUTHORIZED CHARGES. (a) The contract between a property tax lender and a property owner may require the property owner to pay the following costs after closing: (1) a reasonable fee for filing the release of a tax lien authorized under Section 32.06 (b), Tax Code; (2) a reasonable fee for a payoff statement authorized under Section 32.06 (f-3), Tax Code; (3) a reasonable fee for providing information regarding the current balance owed by the property owner authorized under Section 32.06 (g), Tax Code; (4) reasonable and necessary attorney's fees, recording fees, and court costs for actions that are legally required to respond to a suit filed under Chapter 33 , Tax Code, or to perform a foreclosure, including fees required to be paid to an official and fees for an attorney ad litem; (5) to the extent permitted by the United States Bankruptcy Code, attorney's fees and court costs for services performed after the property owner files a voluntary bankruptcy petition; (6) a reasonable fee for title examination and preparation of an abstract of title by an attorney, a title company, or a property search company authorized to do business in this state; (7) a processing fee for insufficient funds, as authorized under Section 3.506 , Business & Commerce Code; (8) a fee for collateral protection insurance, as authorized under Chapter 307 ; (9) a prepayment penalty, unless the lien transferred is on residential property owned and used by the property owner for personal, family, or household purposes; (10) recording expenses incurred in connection with a modification necessary to preserve a borrower's ability to avoid a foreclosure proceeding; and (11) fees for copies of transaction documents requested by the property owner. (b) Notwithstanding Subsection (a)(11), a property tax lender shall provide a property owner: (1) one free copy of the transaction documents at closing; and (2) an additional free copy of the transaction documents on the property owner's request following closing. (c) A property tax lender or any successor in interest may not charge: (1) any fee, other than interest, after closing in connection with the transfer of a tax lien unless the fee is expressly authorized under this section; or (2) any interest that is not expressly authorized under Section 32.06 , Tax Code. (d) Except for charges authorized under Subsections (a)(1), (2), (3), (9), and (11), any amount charged by a property tax lender after closing must be for services performed by a person that is not an employee of the property tax lender. (e) The finance commission may adopt rules implementing and interpreting this section.
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