Why powers of attorney and equity loans are a troubled mix in Texas

Since that vote, both home equity loans and reverse mortgages have been legal in Texas. However, unlike most states, the legal authorization for equity loans is found in the Texas Constitution. Changing the Constitution is a formidable task, much more difficult than making a change to a regular statute.

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A potential attorney-in-fact ("Agent") must complete and submit the following required documentation: The Submission Cover Sheet and notarized Affidavit provided on the following pages. A certified copy of the POA document.

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Therefore, the attorney in fact apparently could sign the home equity docs for the principal providing he does so at the bank, title company or attorney’s office. Stewart Title sent out a bulletin that will prohibit its agents from closing home equity loans on a power of attorney executed before June 21, 2013.

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provided by any attorney representing a lending institution or title company. The benefit does not include the refinancing of a second home, vacation property, unimproved land, rental property or property held for business or investment. Home equity loans are not included under this service.

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"Any power of attorney allowing an attorney-in-fact to execute closing documents on behalf of the owner or the owner’s spouse must be signed by the owner or the owner’s spouse at an office of the lender, an attorney at law, or a title company.

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Furthermore, a Power of Attorney document authorizing an agent to sign for a Home Equity Line of Credit or other qualifying loans, must also be performed at one of the three locations – and not at the borrower’s home. Loan Signings That MUST Be Performed At A Lender’s, Attorney’s, or Title Office: Home Equity Line Of Credit (HELOC)