Document Update: HELOC Version of Texas Home Equity 3185 Affidavit and Agreement (Cx3442)

After a document library audit, Docutech is updating TX Home Equity 3185 Affidavit and Agreement (Cx3442) to include a Home Equity Line of Credit (HELOC) version.

Currently, the first lien Home Equity version of Cx3442 matches Fannie Mae Model Form 3185. Second lien Home Equity language will only modify the subtitle (First Lien) to (Cash Out – Second Lien) when:

Fl 28859 “Heloc” = NO

AND

Fl 1041 “Lien Position” = Second Lien

The first lien HELOC version of Cx3442 matches Fannie Mae Model Form 3185 except that:

• • “Modified for HELOC” prints in the footer
  • All references to “Texas Home Equity Note” have been substituted with “Texas Home Equity Line of Credit Agreement and Disclosure Statement”
  • All references to “Note” have been substituted with “Agreement”
  • The word “not” has been removed from Paragraph I.S. and now reads:

“I understand that the Extension of Credit is not a form of open-end account that may be debited from time to time or under which credit may be extended from time to time. Lender, at its option, may make monetary advances to protect the Property (i.e. pay real estate taxes, hazard insurance payments, etc.) in accordance with the Security Instrument.”

Second lien HELOC language will only modify the subtitle (First Lien) to (Open-End Credit – Second Lien) when:

Fl 28859 “Heloc” = YES

AND

Fl 1041 “Lien Position” = Second Lien

These changes are available for testing on Stage & Stage 2 servers and will take effect on December 19, 2023. If you have any questions or concerns, please contact Client Support at 1.800.497.3584.

COM-3824
DR-146855

The preceding is for informational purposes only and is not and may not be construed as legal advice. No third party entity may rely upon anything contained herein when making legal and/or other determinations regarding its practices, and such third party should consult with an attorney prior