(a) Scope. This section applies to a request described by Texas Tax Code, §32.06(a-6) that:
(1) includes a request for the total payoff amount of a property tax loan;
(2) is sent to a property tax lender; and
(3) is sent by:
(b) Required elements. A request under this section must include:
(1) the date of the request;
(2) the requested balance date, which must be:
(3) the name and address of the lienholder that is making the request (or on whose behalf the request is made);
(4) the name of the property tax lender;
(5) the name of the borrower;
(6) the address or a legal description of the property subject to the property tax loan;
(7) one of the following:
(8) a statement substantially similar to the following: "We (the lienholder) request a statement of the total amount due under the property tax loan on the property listed above, as of the requested balance date. We hold an existing recorded lien on the property.";
(9) a valid delivery method by which the property tax lender must deliver the payoff statement. The lienholder must choose only one delivery method, and the delivery method must be one of the following:
(10) a statement certifying the purpose for which the lienholder is requesting the payoff statement, substantially similar to one of the following:
(11) the signature of the lienholder or the lienholder's representative.
(c) Permissible elements. A request under this section may include:
(1) additional contact information for the requesting lienholder;
(2) the name, address, and contact information of the mortgage servicer (or another person who sends the request on the lienholder's behalf);
(3) the name of one or more co-borrowers on the property tax loan;
(4) the address of the property tax lender; and
(5) reasonable additional instructions regarding delivery of the payoff statement.
(d) Method of delivery. The request must be delivered by one or more of the following methods:
(1) U.S. mail with prepaid first-class postage;
(2) U.S. certified mail with return receipt requested;
(3) a commercial delivery service with tracking abilities;
(4) a courier service;
(5) fax to a number designated by the property tax lender for receiving requests for payoff statements; or
(6) e-mail to an address designated by the property tax lender for receiving requests for payoff statements.
Source Note: The provisions of this §89.801 adopted to be effective November 7, 2013, 38 TexReg 7693