Linda and Robert are married and purchasing a Texas homestead using an FHA loan. Robert has poor credit, so only Linda applies for the loan. The lender approves Linda as the sole borrower. At closing, which of the following correctly describes the signing requirements under Texas law?
Correct Answer
C) Linda signs the promissory note; both Linda and Robert sign the deed of trust because Texas homestead law requires both spouses to consent to the lien
Under Texas Constitution Article XVI, Section 50, both spouses must sign the deed of trust on homestead property, even when only one spouse is the borrower. Linda signs the promissory note (she is the only one obligated on the debt), but Robert must also sign the deed of trust to consent to the lien on their homestead.
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