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Revision Date 6/11/2015 Version 1.2 Most recent updates in red font Information and Disclaimers Regarding Use of this Document Texas Section 50(a)(6) Refinance Eligibility Matrix and
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CLOSED-END SECTION 50(A)(6) home equity lending executive summary The requirements which must be followed in order to originate a valid Texas "Cash Out" or "Equity Loan" are set forth in Section 50(a)(6), Article XVI of the Texas Constitution. The scope of this paper and presentation is limited to cl osed-end loans made under 50(a)(6).
The title policy will reference Texas Section 50(a)(6). There can be only one outstanding Texas Section 50(a)(6) loan on a property at any given time. If the borrower has an existing Texas Section 50(a)(6) second lien and is getting cash-out from the first mortgage, that lien must be paid off.
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" section 50(a)(6), article xvi, of the texas constitution allows certain loans to be secured against the equity in your home. such loans are commonly known as equity loans. if you do not repay the loan or if you fail to meet the terms of the loan, the lender may foreclose and sell your home..
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(6) provide that the security instruments contain a disclosure that this loan is a loan defined by section 50(a)(6), article xvi, of the texas constitution; (7) provide that when the loan is paid in full, the lender will sign and give you a release of lien or an assignment of the lien, whichever is appropriate;
A Texas Section 50(a)(6) loan is a loan originated in accordance with and secured by a lien permitted under the provisions of Article XVI, Section 50(a)(6), of the Texas Constitution, which allow a borrower to take equity out of a homestead property under certain conditions.
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