Texas Supreme Court Further Clarifies Home Equity Lending

The Texas Supreme Court has indicated that the Regulatory Commentary is persuasive authority on the interpretation of the Home Equity Constitutional Amendment. In 2003, the Texas Constitution was amended again to the authorize the legislature to delegate the authority to issue interpretations of the home equity lending provisions.

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Supreme Court of Texas; Recent Texas Home Equity Lending Decisions. 06.02.16. On May 20, 2016, the Supreme Court of Texas (the "Court") issued its opinions in two cases involving Texas home equity lending – Garofolo v. Ocwen Loan Servicing and Wood v.

TEXAS SUPREME COURT WRESTLES WITH home-equity lending law Because of the fierce protection Texas has always accorded homesteads, home-equity lending came late to this State, arriving in 1997 via a lengthy amendment to our constitution.

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Texas Supreme Court further tightens some of Texas’s home-equity lending rules Friday, June 21st, 2013 by Don Cruse Add a Comment Texas has a long tradition of protecting the homestead against creditors, including special protections in the state constitution.

HUD announced joint policy actions designed to reduce risk associated with cash-out refinance lending. The changes preserve homeowners’ ability to convert home equity to cash. better reflect the.

News & Blog > Articles. Texas to Vote on Major Amendment to Home Equity Law . author: barry johnson. The Texas Legislature in the recently concluded regular session approved SJR 60, proposing the first major regulatory overhaul of home equity lending in nearly a decade.

Some history of the constitutional amendments allowing home equity lending is significant to the Court’s holdings. In 1997, the legislature and-eventually-the voters, amended the Texas Constitution to allow home equity loans, resulting in the single longest section (Section 50) in our Constitution.

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administrative interpretation of the home equity lending provisions of Article XVI, Section 50 of the Texas Constitution ("Section 50") allowed by Section 50(u) and texas finance code, 11.308 and 15.413. The main purpose of the proposed amendments is to implement Texas the Supreme Court’s decision in Finance Commission of Texas v.

Further, the closing for a home improvement loan is subject to a shorter waiting period ( five days) th an a home. consistent with the opinion of the Texas Supreme Court in . Sims v. Carrington Mortgage Services, a single transaction for purposes of the home equity lending requirements of.