1. a new loan is originated for the purpose of taking equity out (Cash Out Refinance), or 2. an existing Texas Section 50(a)(6) first or second mortgage is paid off by a new first mortgage a.
In the state of Texas cash-out and home-equity loans for homestead properties are restricted by the texas constitution (see section 50 (a) (6) article XVI). This article restricts cash-out loans to a maximum loan-to-value (LTV) of 80%. In other words, if your home is worth $100k the maximum.
not cover HELOC loans made under 50(t). "Cash Out" loans may be made for any purpose. Pursuant to the authority granted under Section 50(u), Article XVI of the Texas Constitution, the Texas Legislature delegated the power to interpre t these provisions to the Finance Commission of Texas and The texas credit union Commission.
Policies Applicable on all Texas Cash-out Transactions All Texas Cash-out transactions must comply with the more restrictive of the Fannie Mae base program guidelines or the Texas Cash-out guidelines outlined within this document. General An equity loan may not be refinanced more than once a year (>12 months).
All loans that constitute Texas Section 50(a)(6) loans under Texas law must comply with these provisions, regardless of whether the loan is classified as a "cash-out refinance" or "limited cash-out refinance" in the Selling Guide.
All this sounds great until you find out that you can’t get approved for a loan. This is particularly problematic if you haven’t built up your credit history yet. If you’re like most new entrepreneurs.