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Question: The "high cost home loan" notice has disappeared from our forms! Do we still need it? Answer: No. That part of Chapter 343 of the Texas Finance Code sunsetted. But don't forget to check home loans for HOEPA coverage under Reg Z. If the loan is "high cost" for Reg Z purposes, you need to give the following notice: "You are not required to complete this agreement merely because you have received these disclosures or have signed a loan application. If you obtain this loan, the lender will have a mortgage on your home. You could lose your home, and any money you have put into it, if you do not meet your obligations under the loan." The disclosures must be clear and conspicuous but need not be in any particular type size or typeface, nor presented in any particular manner. The disclosures need not be a part of the note or mortgage document.
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