The Finance Code of the state of Texas does allow points on this type of loan. But the constitution restricts the total fees to 3% of the total loan amount. Is the debate still ongoing as to whether points is a fee or interest? If it's considered to be interest, then it would not be counted in the fee cap.
If you don't typically charge points, you might end up with a fair lending read flag, though you would be able to justify it to an examiner with the proper file documentation indicating that you honored the applicant's request in order to acquire the loan.
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