Real Estate FinancingHARDFREE

Texas home equity loans have which unique requirement?

2:14
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Audio Lesson

Duration: 2:14

Question & Answer

Review the question and all answer choices

A

Must be from a Texas bank

CORRECT_ANSWER

B

12-day cooling off period before closing

Correct Answer
C

Must be under $50,000

Texas home equity loans can exceed $50,000, though they do have specific limitations based on property value and equity. There is no blanket cap at $50,000 under Texas law.

D

Requires court approval

Court approval is not required for Texas home equity loans. This would create significant delays and is not part of the standard approval process for these types of loans.

Why is this correct?

Texas law requires a mandatory 12-day waiting period between the signing of a home equity loan application and the closing date. This cooling-off period gives borrowers adequate time to review documents and reconsider their decision without pressure, reflecting Texas' strong consumer protection stance.

Deep Analysis

AI-powered in-depth explanation of this concept

Understanding Texas home equity loan requirements is crucial for real estate professionals in the Lone Star State, as it directly impacts transaction timelines and client expectations. This question tests knowledge of Texas-specific regulations that differ from federal standards. The core concept involves the mandatory waiting period designed to protect homeowners from predatory lending practices. To arrive at the correct answer, students must recognize that Texas imposes stricter requirements than most states. Option B stands out as the uniquely Texan requirement, while other options either represent common misconceptions or are entirely incorrect. This question is challenging because it requires state-specific knowledge that isn't covered in general real estate principles. Understanding home equity regulations connects to broader real estate knowledge about consumer protection laws, disclosure requirements, and the balance between property rights and regulatory oversight.

Knowledge Background

Essential context and foundational knowledge

Texas home equity loans are governed by Article XVI, Section 50(a)(6) of the Texas Constitution, which was adopted in 1998. This constitutional provision established strict requirements to protect homeowners from predatory lending practices. The 12-day cooling-off period is part of these protections, along with requirements for counseling, specific disclosures, and limitations on fees. These regulations were implemented after Texas voters approved the constitutional amendment, reflecting a balance between allowing homeowners to access their equity while preventing exploitation.

Memory Technique
rhyme

Twelve days to wait, don't be late, for Texas home equity loans, that's the state!

Remember the 12-day waiting period by associating it with this simple rhyme. Think of it as a mandatory 'cooling off' period before the loan can close.

Exam Tip

For state-specific questions, look for uniquely regional requirements. The 12-day waiting period is a distinctive Texas feature not found in most states' home equity regulations.

Real World Application

How this concept applies in actual real estate practice

A client in Houston wants to refinance their home equity loan to take advantage of lower rates. As their real estate agent, you explain that while they found a better rate with an out-of-state lender, Texas law requires a minimum 12-day period between signing the application documents and the actual closing date. This means even though all paperwork is ready, they cannot close immediately and must wait the full 12 days before funds can be distributed.

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