Texas Home Equity Loan Laws

Most Home Equity Loans Contain Errors; Does Yours? Texas has traditionally had very strong state laws to protect homeowners. In fact, the state didn’t even allow homeowners to borrow against the equity in their homes through Home Equity or HELOC (Home Equity Line of Credit) Loans until 1998.

And due to the current law, the post noted that lenders have frequently objected that the 3% fee cap limits their ability to originate low loan amount home equity loans because the appraisal fee.

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The "once a home equity loan, always a home equity loan" applies to refinancing of the home equity loan. You could have a third lien home improvement loan made afterward! You can’t roll the home equity loan into the home improvement loan; they would have to be two separate loans.

"home equity loans have important consumer protections. a lender may only foreclose a home equity loan based on a court order. a home equity loan must be without recourse for personal liability against you and your spouse. "if you have applied to refinance your existing home equity loan as a nonhome equity loan, you will lose certain –

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Texas law does not permit more than one home equity loan to be issued for the same house at the same time. If you have an equity loan with an outstanding balance, you must pay off the entire amount or refinance it into a new home equity loan. This applies no matter how much equity your house possesses. One year, one loan.

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The state banned home equity loans as late as 1997 and continues to subject lenders to far stricter constraints than most other states. This stems from Texas’s longstanding protection of homesteading rights and the unique title structure that governs all private property transactions within the state.

A Texas Section 50(a)(6) loan must be secured by a single-unit principal residence constituting the borrower’s homestead under Texas law. Loans secured by two- to four-unit properties, investment properties, or second homes are not eligible.