After reviewing our Texas HELOC documents, we have adjusted language in our TX HELOC Agreement (Cx21652) and HELOC Deed of Trust (Cx21376) to clarify provisions related to Texas 50(a)(6) home equity loans.
According to TX Constitution Article 16 § 50(a)(6)(C) extensions of credit are without recourse for personal liability against each owner and the spouse of each owner, unless the owner or spouse obtained the extension of credit by actual fraud. The FNMA model form Security Instrument for 50(a)(6) loans contains a provision that details this requirement. We have added a similar statement on the HELOC Agreement (Cx21652) and HELOC Deed of Trust (Cx21376).
Section 50(a)(6)(Q)(x) has cure requirements that requires a lender to refund or credit the owner when failing to comply with Section 50(a)(6)(Q)(x). On Cx21376, we are adding a sentence at the end of the “COMPLIANCE WITH LAWS” provision that states Section 50(a)(6)(Q)(x) will be complied with.
Section 50(a)(6)(D) requires loans to be only foreclosed by court order. On Cx21376 we are adding a sentence to the “DEFAULT” provision that states the foreclosure can only happen by a court order.
All of these changes are specific to 50(a)(6) HELOC loans and will be triggered when field 29932 “Is this a Texas Home Equity Section 50(a)(6) loan?” is set to “Yes”.
These changes will be in effect on September 7, 2023. If you have any questions or concerns about these changes, please contact Client Support at 1.800.497.3584.