A married owner signs a document on 9 May 2026 abandoning the Texas homestead, without the spouse signing. Does this unilateral action validly abandon the married couple’s homestead?
Correct Answer
D) Ineffective: a married claimant needs the spouse consent to abandon
If a homestead claimant is married, the homestead cannot be abandoned without the consent of the claimant spouse, which is why a non-title spouse still signs at a homestead closing. Other choices: sole title is exactly the situation the rule addresses; silence for 6 months is not consent; and recording is not what the statute requires. Source: Tex. Prop. Code sec. 41.004
Why This Is the Correct Answer
If a homestead claimant is married, the homestead cannot be abandoned without the consent of the claimant spouse, which is why a non-title spouse still signs at a homestead closing. Other choices: sole title is exactly the situation the rule addresses; silence for 6 months is not consent; and recording is not what the statute requires. Source: Tex. Prop. Code sec. 41.004
More UST Questions
A Washington broker provides the federal settlement service estimates and booklet in 2026 and no separate state itemization. Can disclosures compliant with RESPA and Regulation X satisfy the state third-party itemization subsection?
Priya is comparing pre-license education providers before applying for a Florida mortgage loan originator license. How many hours of approved pre-license education must she complete in total?
An applicant is budgeting for a Florida MLO license and asks what the state application fee comes to at filing. Which figure is correct?
A newly sponsored Florida MLO is told she must buy an individual surety bond in her own name before she can originate. Is that correct?
A Washington consumer loan act licensee also brokers loans in 2026 outside the authority of that act. Does the consumer-loan-act exemption extend to mortgage brokerage outside that act’s authority?
A $200,000 Texas home equity loan has $3,700 in fees subject to the constitutional cap and a separate $600 fee for an appraisal performed by a third-party appraiser. Do the capped fees exceed the limit?
An owner applies for a Texas home equity loan on 4 May 2026 and the lender delivers the required notice on 8 May. Which date starts the constitutional 12-day waiting period for closing?
An owner closed a Texas home equity loan on 3 February 2026 and wants a second one on the same homestead in November 2026. Assuming no declared-emergency exception applies and the earlier home equity lien will be paid off, may the new loan close in November?
A Texas home equity loan forecloses and the sale leaves the lender $62,000 short of the balance owed. Absent actual fraud in obtaining the credit, may the lender recover the shortfall personally from the owner or spouse?
A Washington real estate broker helps a 2026 buyer arrange financing and takes only the usual sales commission. Does financing assistance incidental to a bona fide sale for only the customary real-estate commission fall within the exemption?
People Also Study
Federal Mortgage-Related Laws
24% of exam
General Mortgage Knowledge
20% of exam
Mortgage Loan Origination Activities
27% of exam
Ethics, Fraud & Consumer Protection
18% of exam