Texas Senate Bill SB722

Texas 2009 - 81st Regular

Caption

Relating to requiring counseling before closing certain home loans.

Impact

The implications of SB722 extend to the operational responsibilities of lenders in Texas. It effectively alters the existing framework by preventing lenders from closing high-risk loans under $125,000 unless the loan applicant can present a certificate confirming that they have completed the necessary counseling. This requirement aims to protect consumers from predatory lending practices by fostering an environment of transparency and informed decision-making. The bill requires the Texas Finance Commission to regulate the certification process, thereby enhancing oversight within the lending sector.

Summary

SB722 is a legislative act introduced in Texas that mandates counseling for individuals before closing certain types of home loans. Specifically, this bill targets loans that contain particular characteristics deemed high-risk for consumers, including those with variable interest rates, prepayment penalties, or interest-only payment options. The intent is to ensure that potential homeowners are adequately informed about the terms and implications of their loans and understand the available financial alternatives before making a significant financial commitment. Counselors must be certified and are required to provide this service either in person or over the phone, ensuring that applicants receive personalized advice about their loans.

Contention

While the bill is largely designed to safeguard consumers, it has sparked debates surrounding the efficacy and necessity of such regulations. Proponents argue that mandatory counseling will significantly reduce cases of borrower defaults and enhance financial literacy among potential homeowners. On the other hand, critics contend that these added layers of bureaucracy could complicate the loan process and potentially deter some individuals from pursuing homeownership due to increased logistical hurdles. The discussions reflect a tension between consumer protection efforts and the desire for streamlined lending practices.