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Financial Services Law Insights and Observations

Texas updates guidance related to regulated lenders, continuing to urge them to work with borrowers and allowing employees to work remotely

State Issues Covid-19 Texas Consumer Credit Foreclosure Mortgages Auto Finance Licensing ESIGN Fintech

State Issues

On April 15, the Texas Office of the Consumer Credit Commissioner updated its advisory bulletin (previously covered here, here, here,  here, here, and here) urging regulated lenders to continue to work with borrowers during the Covid-19 crisis. Among other measures, the regulator asks licensees to increase borrower communication regarding the effects of Covid-19 on the lender’s policies (including communication procedures), work out modifications for payment difficulties, review policies for fees, late charges, delinquency practices, and repossessions, and that certain mortgages may be covered by federal foreclosure moratoriums. The guidance also: (i) reminds licensees of legal requirements for using electronic signatures, and (ii) continues to permit licensees to conduct activity from unlicensed locations, subject to certain conditions.   The guidance is in effect through May 31, 2021, unless withdrawn or revised.

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