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The refinance disclosure must be delivered to the owner at least 12 days before the refinance is closed. If a lender mails the refinance disclosure to the owner, the lender must allow a reasonable period of time for delivery.
Article XVI Section 50(a)(6) of the Texas Constitution permits homeowners to borrow against the equity in their primary residences. The Texas Constitution, however, imposes substantial restrictions under which (a)(6) loans may be originated and closed.
(b) An owner or claimant of the property claimed as homestead may not sell or abandon the homestead without the consent of each owner and the spouse of each owner, given in such manner as may be prescribed by law.
Section 50, Article XVI, Texas Constitution (Section 50), sets out the only permissible encumbrances on a homestead. Prior to 1998, Section 50 permitted liens on homestead property for the purposes of purchase money, taxes, an owelty of partition, the refinance of a lien, including tax liens, and home improvements.
Section 50, Article XVI, Texas Constitution (Section 50), sets out the only permissible encumbrances on a homestead. Prior to 1998, Section 50 permitted liens on homestead property for the purposes of purchase money, taxes, an owelty of partition, the refinance of a lien, including tax liens, and home improvements.
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A lender must not contract for a right of offset against escrow funds pursuant to Section 50(a)(6)(H). (19) Subsequent Events. The two percent limitation pertains to fees paid or contracted for by an owner or owners spouse at the inception or at the closing of an equity loan.
Texas Section 50(a)(6) Loan Security Property A borrower that owns adjacent land must submit appropriate evidence, such as a survey, that the mortgaged homestead property is a separate parcel that does not exceed the permissible acreage.
Texas Section 50(a)(6) Loan Security Property A borrower that owns adjacent land must submit appropriate evidence, such as a survey, that the mortgaged homestead property is a separate parcel that does not exceed the permissible acreage.

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