3 | 3 | | |
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4 | 4 | | |
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5 | 5 | | A JOINT RESOLUTION |
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6 | 6 | | proposing a constitutional amendment authorizing the legislature |
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7 | 7 | | to provide for exceptions to the requirement that a home equity loan |
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8 | 8 | | be closed only at the office of the lender, an attorney at law, or a |
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9 | 9 | | title company. |
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10 | 10 | | BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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11 | 11 | | SECTION 1. Sections 50(a) and (g), Article XVI, Texas |
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12 | 12 | | Constitution, are amended to read as follows: |
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13 | 13 | | (a) The homestead of a family, or of a single adult person, |
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14 | 14 | | shall be, and is hereby protected from forced sale, for the payment |
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15 | 15 | | of all debts except for: |
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16 | 16 | | (1) the purchase money thereof, or a part of such |
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17 | 17 | | purchase money; |
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18 | 18 | | (2) the taxes due thereon; |
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19 | 19 | | (3) an owelty of partition imposed against the |
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20 | 20 | | entirety of the property by a court order or by a written agreement |
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21 | 21 | | of the parties to the partition, including a debt of one spouse in |
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22 | 22 | | favor of the other spouse resulting from a division or an award of a |
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23 | 23 | | family homestead in a divorce proceeding; |
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24 | 24 | | (4) the refinance of a lien against a homestead, |
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25 | 25 | | including a federal tax lien resulting from the tax debt of both |
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26 | 26 | | spouses, if the homestead is a family homestead, or from the tax |
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27 | 27 | | debt of the owner; |
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28 | 28 | | (5) work and material used in constructing new |
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29 | 29 | | improvements thereon, if contracted for in writing, or work and |
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30 | 30 | | material used to repair or renovate existing improvements thereon |
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31 | 31 | | if: |
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32 | 32 | | (A) the work and material are contracted for in |
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33 | 33 | | writing, with the consent of both spouses, in the case of a family |
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34 | 34 | | homestead, given in the same manner as is required in making a sale |
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35 | 35 | | and conveyance of the homestead; |
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36 | 36 | | (B) the contract for the work and material is not |
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37 | 37 | | executed by the owner or the owner's spouse before the fifth day |
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38 | 38 | | after the owner makes written application for any extension of |
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39 | 39 | | credit for the work and material, unless the work and material are |
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40 | 40 | | necessary to complete immediate repairs to conditions on the |
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41 | 41 | | homestead property that materially affect the health or safety of |
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42 | 42 | | the owner or person residing in the homestead and the owner of the |
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43 | 43 | | homestead acknowledges such in writing; |
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44 | 44 | | (C) the contract for the work and material |
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45 | 45 | | expressly provides that the owner may rescind the contract without |
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46 | 46 | | penalty or charge within three days after the execution of the |
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47 | 47 | | contract by all parties, unless the work and material are necessary |
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48 | 48 | | to complete immediate repairs to conditions on the homestead |
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49 | 49 | | property that materially affect the health or safety of the owner or |
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50 | 50 | | person residing in the homestead and the owner of the homestead |
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51 | 51 | | acknowledges such in writing; and |
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52 | 52 | | (D) the contract for the work and material is |
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53 | 53 | | executed by the owner and the owner's spouse only at the office of a |
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54 | 54 | | third-party lender making an extension of credit for the work and |
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55 | 55 | | material, an attorney at law, or a title company; |
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56 | 56 | | (6) an extension of credit that: |
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57 | 57 | | (A) is secured by a voluntary lien on the |
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58 | 58 | | homestead created under a written agreement with the consent of |
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59 | 59 | | each owner and each owner's spouse; |
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60 | 60 | | (B) is of a principal amount that when added to |
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61 | 61 | | the aggregate total of the outstanding principal balances of all |
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62 | 62 | | other indebtedness secured by valid encumbrances of record against |
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63 | 63 | | the homestead does not exceed 80 percent of the fair market value of |
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64 | 64 | | the homestead on the date the extension of credit is made; |
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65 | 65 | | (C) is without recourse for personal liability |
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66 | 66 | | against each owner and the spouse of each owner, unless the owner or |
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67 | 67 | | spouse obtained the extension of credit by actual fraud; |
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68 | 68 | | (D) is secured by a lien that may be foreclosed |
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69 | 69 | | upon only by a court order; |
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70 | 70 | | (E) does not require the owner or the owner's |
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71 | 71 | | spouse to pay, in addition to any interest or any bona fide discount |
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72 | 72 | | points used to buy down the interest rate, any fees to any person |
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73 | 73 | | that are necessary to originate, evaluate, maintain, record, |
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74 | 74 | | insure, or service the extension of credit that exceed, in the |
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75 | 75 | | aggregate, two percent of the original principal amount of the |
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76 | 76 | | extension of credit, excluding fees for: |
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77 | 77 | | (i) an appraisal performed by a third party |
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78 | 78 | | appraiser; |
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79 | 79 | | (ii) a property survey performed by a state |
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80 | 80 | | registered or licensed surveyor; |
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81 | 81 | | (iii) a state base premium for a mortgagee |
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82 | 82 | | policy of title insurance with endorsements established in |
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83 | 83 | | accordance with state law; or |
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84 | 84 | | (iv) a title examination report if its cost |
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85 | 85 | | is less than the state base premium for a mortgagee policy of title |
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86 | 86 | | insurance without endorsements established in accordance with |
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87 | 87 | | state law; |
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88 | 88 | | (F) is not a form of open-end account that may be |
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89 | 89 | | debited from time to time or under which credit may be extended from |
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90 | 90 | | time to time unless the open-end account is a home equity line of |
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91 | 91 | | credit; |
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92 | 92 | | (G) is payable in advance without penalty or |
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93 | 93 | | other charge; |
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94 | 94 | | (H) is not secured by any additional real or |
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95 | 95 | | personal property other than the homestead; |
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96 | 96 | | (I) (repealed); |
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97 | 97 | | (J) may not be accelerated because of a decrease |
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98 | 98 | | in the market value of the homestead or because of the owner's |
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99 | 99 | | default under other indebtedness not secured by a prior valid |
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100 | 100 | | encumbrance against the homestead; |
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101 | 101 | | (K) is the only debt secured by the homestead at |
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102 | 102 | | the time the extension of credit is made unless the other debt was |
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103 | 103 | | made for a purpose described by Subsections (a)(1)-(a)(5) or |
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104 | 104 | | Subsection (a)(8) of this section; |
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105 | 105 | | (L) is scheduled to be repaid: |
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106 | 106 | | (i) in substantially equal successive |
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107 | 107 | | periodic installments, not more often than every 14 days and not |
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108 | 108 | | less often than monthly, beginning no later than two months from the |
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109 | 109 | | date the extension of credit is made, each of which equals or |
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110 | 110 | | exceeds the amount of accrued interest as of the date of the |
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111 | 111 | | scheduled installment; or |
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112 | 112 | | (ii) if the extension of credit is a home |
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113 | 113 | | equity line of credit, in periodic payments described under |
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114 | 114 | | Subsection (t)(8) of this section; |
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115 | 115 | | (M) is closed not before: |
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116 | 116 | | (i) the 12th day after the later of the date |
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117 | 117 | | that the owner of the homestead submits a loan application to the |
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118 | 118 | | lender for the extension of credit or the date that the lender |
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119 | 119 | | provides the owner a copy of the notice prescribed by Subsection (g) |
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120 | 120 | | of this section; |
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121 | 121 | | (ii) one business day after the date that |
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122 | 122 | | the owner of the homestead receives a copy of the loan application |
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123 | 123 | | if not previously provided and a final itemized disclosure of the |
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124 | 124 | | actual fees, points, interest, costs, and charges that will be |
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125 | 125 | | charged at closing. If a bona fide emergency or another good cause |
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126 | 126 | | exists and the lender obtains the written consent of the owner, the |
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127 | 127 | | lender may provide the documentation to the owner or the lender may |
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128 | 128 | | modify previously provided documentation on the date of closing; |
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129 | 129 | | and |
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130 | 130 | | (iii) the first anniversary of the closing |
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131 | 131 | | date of any other extension of credit described by Subsection |
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132 | 132 | | (a)(6) of this section secured by the same homestead property, |
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133 | 133 | | except a refinance described by Paragraph (Q)(x)(f) of this |
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134 | 134 | | subdivision, unless the owner on oath requests an earlier closing |
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135 | 135 | | due to a state of emergency that: |
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136 | 136 | | (a) has been declared by the president |
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137 | 137 | | of the United States or the governor as provided by law; and |
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138 | 138 | | (b) applies to the area where the |
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139 | 139 | | homestead is located; |
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140 | 140 | | (N) is closed only at the office of the lender, an |
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141 | 141 | | attorney at law, or a title company, except as otherwise provided by |
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142 | 142 | | statute; |
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143 | 143 | | (O) permits a lender to contract for and receive |
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144 | 144 | | any fixed or variable rate of interest authorized under statute; |
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145 | 145 | | (P) is made by one of the following that has not |
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146 | 146 | | been found by a federal regulatory agency to have engaged in the |
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147 | 147 | | practice of refusing to make loans because the applicants for the |
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148 | 148 | | loans reside or the property proposed to secure the loans is located |
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149 | 149 | | in a certain area: |
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150 | 150 | | (i) a bank, savings and loan association, |
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151 | 151 | | savings bank, or credit union doing business under the laws of this |
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152 | 152 | | state or the United States, including a subsidiary of a bank, |
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153 | 153 | | savings and loan association, savings bank, or credit union |
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154 | 154 | | described by this subparagraph; |
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155 | 155 | | (ii) a federally chartered lending |
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156 | 156 | | instrumentality or a person approved as a mortgagee by the United |
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157 | 157 | | States government to make federally insured loans; |
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158 | 158 | | (iii) a person licensed to make regulated |
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159 | 159 | | loans, as provided by statute of this state; |
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160 | 160 | | (iv) a person who sold the homestead |
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161 | 161 | | property to the current owner and who provided all or part of the |
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162 | 162 | | financing for the purchase; |
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163 | 163 | | (v) a person who is related to the homestead |
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164 | 164 | | property owner within the second degree of affinity or |
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165 | 165 | | consanguinity; or |
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166 | 166 | | (vi) a person regulated by this state as a |
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167 | 167 | | mortgage banker or mortgage company; and |
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168 | 168 | | (Q) is made on the condition that: |
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169 | 169 | | (i) the owner of the homestead is not |
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170 | 170 | | required to apply the proceeds of the extension of credit to repay |
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171 | 171 | | another debt except debt secured by the homestead or debt to another |
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172 | 172 | | lender; |
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173 | 173 | | (ii) the owner of the homestead not assign |
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174 | 174 | | wages as security for the extension of credit; |
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175 | 175 | | (iii) the owner of the homestead not sign |
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176 | 176 | | any instrument in which blanks relating to substantive terms of |
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177 | 177 | | agreement are left to be filled in; |
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178 | 178 | | (iv) the owner of the homestead not sign a |
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179 | 179 | | confession of judgment or power of attorney to the lender or to a |
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180 | 180 | | third person to confess judgment or to appear for the owner in a |
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181 | 181 | | judicial proceeding; |
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182 | 182 | | (v) at the time the extension of credit is |
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183 | 183 | | made, the owner of the homestead shall receive a copy of the final |
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184 | 184 | | loan application and all executed documents signed by the owner at |
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185 | 185 | | closing related to the extension of credit; |
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186 | 186 | | (vi) the security instruments securing the |
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187 | 187 | | extension of credit contain a disclosure that the extension of |
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188 | 188 | | credit is the type of credit defined by Subsection (a)(6) of this |
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189 | 189 | | section; |
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190 | 190 | | (vii) within a reasonable time after |
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191 | 191 | | termination and full payment of the extension of credit, the lender |
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192 | 192 | | cancel and return the promissory note to the owner of the homestead |
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193 | 193 | | and give the owner, in recordable form, a release of the lien |
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194 | 194 | | securing the extension of credit or a copy of an endorsement and |
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195 | 195 | | assignment of the lien to a lender that is refinancing the extension |
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196 | 196 | | of credit; |
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197 | 197 | | (viii) the owner of the homestead and any |
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198 | 198 | | spouse of the owner may, within three days after the extension of |
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199 | 199 | | credit is made, rescind the extension of credit without penalty or |
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200 | 200 | | charge; |
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201 | 201 | | (ix) the owner of the homestead and the |
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202 | 202 | | lender sign a written acknowledgment as to the fair market value of |
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203 | 203 | | the homestead property on the date the extension of credit is made; |
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204 | 204 | | (x) except as provided by Subparagraph (xi) |
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205 | 205 | | of this paragraph, the lender or any holder of the note for the |
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206 | 206 | | extension of credit shall forfeit all principal and interest of the |
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207 | 207 | | extension of credit if the lender or holder fails to comply with the |
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208 | 208 | | lender's or holder's obligations under the extension of credit and |
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209 | 209 | | fails to correct the failure to comply not later than the 60th day |
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210 | 210 | | after the date the lender or holder is notified by the borrower of |
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211 | 211 | | the lender's failure to comply by: |
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212 | 212 | | (a) paying to the owner an amount |
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213 | 213 | | equal to any overcharge paid by the owner under or related to the |
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214 | 214 | | extension of credit if the owner has paid an amount that exceeds an |
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215 | 215 | | amount stated in the applicable Paragraph (E), (G), or (O) of this |
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216 | 216 | | subdivision; |
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217 | 217 | | (b) sending the owner a written |
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218 | 218 | | acknowledgement that the lien is valid only in the amount that the |
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219 | 219 | | extension of credit does not exceed the percentage described by |
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220 | 220 | | Paragraph (B) of this subdivision, if applicable, or is not secured |
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221 | 221 | | by property described under Paragraph (H) of this subdivision, if |
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222 | 222 | | applicable; |
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223 | 223 | | (c) sending the owner a written notice |
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224 | 224 | | modifying any other amount, percentage, term, or other provision |
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225 | 225 | | prohibited by this section to a permitted amount, percentage, term, |
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226 | 226 | | or other provision and adjusting the account of the borrower to |
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227 | 227 | | ensure that the borrower is not required to pay more than an amount |
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228 | 228 | | permitted by this section and is not subject to any other term or |
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229 | 229 | | provision prohibited by this section; |
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230 | 230 | | (d) delivering the required documents |
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231 | 231 | | to the borrower if the lender fails to comply with Subparagraph (v) |
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232 | 232 | | of this paragraph or obtaining the appropriate signatures if the |
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233 | 233 | | lender fails to comply with Subparagraph (ix) of this paragraph; |
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234 | 234 | | (e) sending the owner a written |
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235 | 235 | | acknowledgement, if the failure to comply is prohibited by |
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236 | 236 | | Paragraph (K) of this subdivision, that the accrual of interest and |
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237 | 237 | | all of the owner's obligations under the extension of credit are |
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238 | 238 | | abated while any prior lien prohibited under Paragraph (K) remains |
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239 | 239 | | secured by the homestead; or |
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240 | 240 | | (f) if the failure to comply cannot be |
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241 | 241 | | cured under Subparagraphs (x)(a)-(e) of this paragraph, curing the |
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242 | 242 | | failure to comply by a refund or credit to the owner of $1,000 and |
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243 | 243 | | offering the owner the right to refinance the extension of credit |
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244 | 244 | | with the lender or holder for the remaining term of the loan at no |
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245 | 245 | | cost to the owner on the same terms, including interest, as the |
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246 | 246 | | original extension of credit with any modifications necessary to |
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247 | 247 | | comply with this section or on terms on which the owner and the |
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248 | 248 | | lender or holder otherwise agree that comply with this section; and |
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249 | 249 | | (xi) the lender or any holder of the note |
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250 | 250 | | for the extension of credit shall forfeit all principal and |
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251 | 251 | | interest of the extension of credit if the extension of credit is |
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252 | 252 | | made by a person other than a person described under Paragraph (P) |
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253 | 253 | | of this subdivision or if the lien was not created under a written |
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254 | 254 | | agreement with the consent of each owner and each owner's spouse, |
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255 | 255 | | unless each owner and each owner's spouse who did not initially |
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256 | 256 | | consent subsequently consents; |
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257 | 257 | | (7) a reverse mortgage; or |
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258 | 258 | | (8) the conversion and refinance of a personal |
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259 | 259 | | property lien secured by a manufactured home to a lien on real |
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260 | 260 | | property, including the refinance of the purchase price of the |
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261 | 261 | | manufactured home, the cost of installing the manufactured home on |
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262 | 262 | | the real property, and the refinance of the purchase price of the |
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263 | 263 | | real property. |
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264 | 264 | | (g) An extension of credit described by Subsection (a)(6) of |
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265 | 265 | | this section may be secured by a valid lien against homestead |
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266 | 266 | | property if the extension of credit is not closed before the 12th |
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267 | 267 | | day after the lender provides the owner with the following written |
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268 | 268 | | notice on a separate instrument: |
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269 | 269 | | "NOTICE CONCERNING EXTENSIONS OF CREDIT DEFINED BY SECTION |
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270 | 270 | | 50(a)(6), ARTICLE XVI, TEXAS CONSTITUTION: |
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271 | 271 | | "SECTION 50(a)(6), ARTICLE XVI, OF THE TEXAS CONSTITUTION |
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272 | 272 | | ALLOWS CERTAIN LOANS TO BE SECURED AGAINST THE EQUITY IN YOUR HOME. |
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273 | 273 | | SUCH LOANS ARE COMMONLY KNOWN AS EQUITY LOANS. IF YOU DO NOT REPAY |
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274 | 274 | | THE LOAN OR IF YOU FAIL TO MEET THE TERMS OF THE LOAN, THE LENDER MAY |
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275 | 275 | | FORECLOSE AND SELL YOUR HOME. THE CONSTITUTION PROVIDES THAT: |
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276 | 276 | | "(A) THE LOAN MUST BE VOLUNTARILY CREATED WITH THE CONSENT OF |
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277 | 277 | | EACH OWNER OF YOUR HOME AND EACH OWNER'S SPOUSE; |
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278 | 278 | | "(B) THE PRINCIPAL LOAN AMOUNT AT THE TIME THE LOAN IS MADE |
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279 | 279 | | MUST NOT EXCEED AN AMOUNT THAT, WHEN ADDED TO THE PRINCIPAL BALANCES |
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280 | 280 | | OF ALL OTHER LIENS AGAINST YOUR HOME, IS MORE THAN 80 PERCENT OF THE |
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281 | 281 | | FAIR MARKET VALUE OF YOUR HOME; |
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282 | 282 | | "(C) THE LOAN MUST BE WITHOUT RECOURSE FOR PERSONAL LIABILITY |
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283 | 283 | | AGAINST YOU AND YOUR SPOUSE UNLESS YOU OR YOUR SPOUSE OBTAINED THIS |
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284 | 284 | | EXTENSION OF CREDIT BY ACTUAL FRAUD; |
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285 | 285 | | "(D) THE LIEN SECURING THE LOAN MAY BE FORECLOSED UPON ONLY |
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286 | 286 | | WITH A COURT ORDER; |
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287 | 287 | | "(E) FEES AND CHARGES TO MAKE THE LOAN MAY NOT EXCEED 2 |
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288 | 288 | | PERCENT OF THE LOAN AMOUNT, EXCEPT FOR A FEE OR CHARGE FOR AN |
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289 | 289 | | APPRAISAL PERFORMED BY A THIRD PARTY APPRAISER, A PROPERTY SURVEY |
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290 | 290 | | PERFORMED BY A STATE REGISTERED OR LICENSED SURVEYOR, A STATE BASE |
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291 | 291 | | PREMIUM FOR A MORTGAGEE POLICY OF TITLE INSURANCE WITH |
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292 | 292 | | ENDORSEMENTS, OR A TITLE EXAMINATION REPORT; |
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293 | 293 | | "(F) THE LOAN MAY NOT BE AN OPEN-END ACCOUNT THAT MAY BE |
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294 | 294 | | DEBITED FROM TIME TO TIME OR UNDER WHICH CREDIT MAY BE EXTENDED FROM |
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295 | 295 | | TIME TO TIME UNLESS IT IS A HOME EQUITY LINE OF CREDIT; |
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296 | 296 | | "(G) YOU MAY PREPAY THE LOAN WITHOUT PENALTY OR CHARGE; |
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297 | 297 | | "(H) NO ADDITIONAL COLLATERAL MAY BE SECURITY FOR THE LOAN; |
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298 | 298 | | "(I) (repealed); |
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299 | 299 | | "(J) YOU ARE NOT REQUIRED TO REPAY THE LOAN EARLIER THAN |
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300 | 300 | | AGREED SOLELY BECAUSE THE FAIR MARKET VALUE OF YOUR HOME DECREASES |
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301 | 301 | | OR BECAUSE YOU DEFAULT ON ANOTHER LOAN THAT IS NOT SECURED BY YOUR |
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302 | 302 | | HOME; |
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303 | 303 | | "(K) ONLY ONE LOAN DESCRIBED BY SECTION 50(a)(6), ARTICLE |
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304 | 304 | | XVI, OF THE TEXAS CONSTITUTION MAY BE SECURED WITH YOUR HOME AT ANY |
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305 | 305 | | GIVEN TIME; |
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306 | 306 | | "(L) THE LOAN MUST BE SCHEDULED TO BE REPAID IN PAYMENTS THAT |
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307 | 307 | | EQUAL OR EXCEED THE AMOUNT OF ACCRUED INTEREST FOR EACH PAYMENT |
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308 | 308 | | PERIOD; |
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309 | 309 | | "(M) THE LOAN MAY NOT CLOSE BEFORE 12 DAYS AFTER YOU SUBMIT A |
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310 | 310 | | LOAN APPLICATION TO THE LENDER OR BEFORE 12 DAYS AFTER YOU RECEIVE |
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311 | 311 | | THIS NOTICE, WHICHEVER DATE IS LATER; AND MAY NOT WITHOUT YOUR |
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312 | 312 | | CONSENT CLOSE BEFORE ONE BUSINESS DAY AFTER THE DATE ON WHICH YOU |
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313 | 313 | | RECEIVE A COPY OF YOUR LOAN APPLICATION IF NOT PREVIOUSLY PROVIDED |
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314 | 314 | | AND A FINAL ITEMIZED DISCLOSURE OF THE ACTUAL FEES, POINTS, |
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315 | 315 | | INTEREST, COSTS, AND CHARGES THAT WILL BE CHARGED AT CLOSING; AND IF |
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316 | 316 | | YOUR HOME WAS SECURITY FOR THE SAME TYPE OF LOAN WITHIN THE PAST |
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317 | 317 | | YEAR, A NEW LOAN SECURED BY THE SAME PROPERTY MAY NOT CLOSE BEFORE |
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318 | 318 | | ONE YEAR HAS PASSED FROM THE CLOSING DATE OF THE OTHER LOAN, UNLESS |
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319 | 319 | | ON OATH YOU REQUEST AN EARLIER CLOSING DUE TO A DECLARED STATE OF |
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320 | 320 | | EMERGENCY; |
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321 | 321 | | "(N) THE LOAN MAY CLOSE ONLY AT THE OFFICE OF THE LENDER, |
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322 | 322 | | TITLE COMPANY, OR AN ATTORNEY AT LAW, UNLESS YOU QUALIFY FOR AN |
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323 | 323 | | EXCEPTION PROVIDED BY LAW; |
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324 | 324 | | "(O) THE LENDER MAY CHARGE ANY FIXED OR VARIABLE RATE OF |
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325 | 325 | | INTEREST AUTHORIZED BY STATUTE; |
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326 | 326 | | "(P) ONLY A LAWFULLY AUTHORIZED LENDER MAY MAKE LOANS |
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327 | 327 | | DESCRIBED BY SECTION 50(a)(6), ARTICLE XVI, OF THE TEXAS |
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328 | 328 | | CONSTITUTION; |
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329 | 329 | | "(Q) LOANS DESCRIBED BY SECTION 50(a)(6), ARTICLE XVI, OF THE |
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330 | 330 | | TEXAS CONSTITUTION MUST: |
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331 | 331 | | "(1) NOT REQUIRE YOU TO APPLY THE PROCEEDS TO ANOTHER DEBT |
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332 | 332 | | EXCEPT A DEBT THAT IS SECURED BY YOUR HOME OR OWED TO ANOTHER |
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333 | 333 | | LENDER; |
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334 | 334 | | "(2) NOT REQUIRE THAT YOU ASSIGN WAGES AS SECURITY; |
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335 | 335 | | "(3) NOT REQUIRE THAT YOU EXECUTE INSTRUMENTS WHICH HAVE |
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336 | 336 | | BLANKS FOR SUBSTANTIVE TERMS OF AGREEMENT LEFT TO BE FILLED IN; |
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337 | 337 | | "(4) NOT REQUIRE THAT YOU SIGN A CONFESSION OF JUDGMENT OR |
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338 | 338 | | POWER OF ATTORNEY TO ANOTHER PERSON TO CONFESS JUDGMENT OR APPEAR IN |
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339 | 339 | | A LEGAL PROCEEDING ON YOUR BEHALF; |
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340 | 340 | | "(5) PROVIDE THAT YOU RECEIVE A COPY OF YOUR FINAL LOAN |
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341 | 341 | | APPLICATION AND ALL EXECUTED DOCUMENTS YOU SIGN AT CLOSING; |
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342 | 342 | | "(6) PROVIDE THAT THE SECURITY INSTRUMENTS CONTAIN A |
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343 | 343 | | DISCLOSURE THAT THIS LOAN IS A LOAN DEFINED BY SECTION 50(a)(6), |
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344 | 344 | | ARTICLE XVI, OF THE TEXAS CONSTITUTION; |
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345 | 345 | | "(7) PROVIDE THAT WHEN THE LOAN IS PAID IN FULL, THE LENDER |
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346 | 346 | | WILL SIGN AND GIVE YOU A RELEASE OF LIEN OR AN ASSIGNMENT OF THE |
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347 | 347 | | LIEN, WHICHEVER IS APPROPRIATE; |
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348 | 348 | | "(8) PROVIDE THAT YOU MAY, WITHIN 3 DAYS AFTER CLOSING, |
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349 | 349 | | RESCIND THE LOAN WITHOUT PENALTY OR CHARGE; |
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350 | 350 | | "(9) PROVIDE THAT YOU AND THE LENDER ACKNOWLEDGE THE FAIR |
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351 | 351 | | MARKET VALUE OF YOUR HOME ON THE DATE THE LOAN CLOSES; AND |
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352 | 352 | | "(10) PROVIDE THAT THE LENDER WILL FORFEIT ALL PRINCIPAL AND |
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353 | 353 | | INTEREST IF THE LENDER FAILS TO COMPLY WITH THE LENDER'S |
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354 | 354 | | OBLIGATIONS UNLESS THE LENDER CURES THE FAILURE TO COMPLY AS |
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355 | 355 | | PROVIDED BY SECTION 50(a)(6)(Q)(x), ARTICLE XVI, OF THE TEXAS |
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356 | 356 | | CONSTITUTION; AND |
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357 | 357 | | "(R) IF THE LOAN IS A HOME EQUITY LINE OF CREDIT: |
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358 | 358 | | "(1) YOU MAY REQUEST ADVANCES, REPAY MONEY, AND REBORROW |
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359 | 359 | | MONEY UNDER THE LINE OF CREDIT; |
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360 | 360 | | "(2) EACH ADVANCE UNDER THE LINE OF CREDIT MUST BE IN AN |
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361 | 361 | | AMOUNT OF AT LEAST $4,000; |
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362 | 362 | | "(3) YOU MAY NOT USE A CREDIT CARD, DEBIT CARD, OR SIMILAR |
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363 | 363 | | DEVICE, OR PREPRINTED CHECK THAT YOU DID NOT SOLICIT, TO OBTAIN |
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364 | 364 | | ADVANCES UNDER THE LINE OF CREDIT; |
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365 | 365 | | "(4) ANY FEES THE LENDER CHARGES MAY BE CHARGED AND COLLECTED |
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366 | 366 | | ONLY AT THE TIME THE LINE OF CREDIT IS ESTABLISHED AND THE LENDER |
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367 | 367 | | MAY NOT CHARGE A FEE IN CONNECTION WITH ANY ADVANCE; |
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368 | 368 | | "(5) THE MAXIMUM PRINCIPAL AMOUNT THAT MAY BE EXTENDED, WHEN |
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369 | 369 | | ADDED TO ALL OTHER DEBTS SECURED BY YOUR HOME, MAY NOT EXCEED 80 |
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370 | 370 | | PERCENT OF THE FAIR MARKET VALUE OF YOUR HOME ON THE DATE THE LINE OF |
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371 | 371 | | CREDIT IS ESTABLISHED; |
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372 | 372 | | "(6) IF THE PRINCIPAL BALANCE UNDER THE LINE OF CREDIT AT ANY |
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373 | 373 | | TIME EXCEEDS 80 PERCENT OF THE FAIR MARKET VALUE OF YOUR HOME, AS |
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374 | 374 | | DETERMINED ON THE DATE THE LINE OF CREDIT IS ESTABLISHED, YOU MAY |
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375 | 375 | | NOT CONTINUE TO REQUEST ADVANCES UNDER THE LINE OF CREDIT UNTIL THE |
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376 | 376 | | BALANCE IS LESS THAN 80 PERCENT OF THE FAIR MARKET VALUE; AND |
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377 | 377 | | "(7) THE LENDER MAY NOT UNILATERALLY AMEND THE TERMS OF THE |
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378 | 378 | | LINE OF CREDIT. |
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379 | 379 | | "THIS NOTICE IS ONLY A SUMMARY OF YOUR RIGHTS UNDER THE TEXAS |
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380 | 380 | | CONSTITUTION. YOUR RIGHTS ARE GOVERNED BY SECTION 50, ARTICLE XVI, |
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381 | 381 | | OF THE TEXAS CONSTITUTION, AND NOT BY THIS NOTICE." |
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382 | 382 | | If the discussions with the borrower are conducted primarily |
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383 | 383 | | in a language other than English, the lender shall, before closing, |
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384 | 384 | | provide an additional copy of the notice translated into the |
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385 | 385 | | written language in which the discussions were conducted. |
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386 | 386 | | SECTION 2. This proposed constitutional amendment shall be |
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387 | 387 | | submitted to the voters at an election to be held November 7, 2023. |
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388 | 388 | | The ballot shall be printed to permit voting for or against the |
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389 | 389 | | proposition: "The constitutional amendment authorizing the |
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390 | 390 | | legislature to provide for exceptions to the requirement that a |
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391 | 391 | | home equity loan be closed only at the office of the lender, an |
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392 | 392 | | attorney at law, or a title company." |
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