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Tx Specific FinancingTx_homestead_and_lendingMEDIUM

A Texas lender funds a home equity loan but fails to provide the borrower with a copy of the signed loan documents on the day of closing, as required. The borrower later discovers this omission. Under Texas Constitution Article XVI, Section 50(a)(6), what recourse does the borrower have?

Correct Answer

A) The borrower can notify the lender and trigger the 60-day cure period; if the lender fails to cure, the lender forfeits all principal and interest

Under Texas Constitution Article XVI, Section 50(a)(6)(Q)(x), when a lender violates any constitutional requirement for a home equity loan — including the requirement to provide copies of signed documents at closing — the borrower can notify the lender and trigger a 60-day cure period. If the lender fails to cure, the lender forfeits all principal and interest.

Answer Options
A
The borrower can notify the lender and trigger the 60-day cure period; if the lender fails to cure, the lender forfeits all principal and interest
B
The borrower can file a complaint with TREC, which will revoke the lender's license
C
The borrower must wait one year before taking any legal action against the lender
D
The borrower has no recourse because document delivery errors are considered minor administrative issues

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Related Topics & Key Terms

Key Terms:

home_equity_loandocument_deliverycure_provisionforfeiture

Related Concepts

The debt-to-income ratio (DTI) compares a borrower's monthly debt obligations to their gross monthly income. It is used by lenders to determine how much mortgage a borrower can afford.

In the context of foreclosure, a deed transfers ownership of the foreclosed property to the new owner, typically the buyer at a foreclosure sale.

Discount points are upfront fees paid to a lender at closing to reduce (buy down) the interest rate on a mortgage loan. One point equals 1% of the loan amount and typically reduces the rate by approximately 0.25%.

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