Tuesday, August 4, 2015

Texas Home Equity Loans: How Not to Apply Equity Loan Proceeds?

It's not an exaggeration to state that originating a home equity loan in Texas can be perilous to any mortgage lender or financial institution.  The perils lie in the numerous restrictions, limitations, and requirements provided in the Texas Constitution and the Texas Administrative Code.

One of the restrictions relates to how to apply the proceeds from a Texas home equity loan.

Article 16, Section 50 (a)(6)(Q) of the Texas Constitution requires that a home equity loan is made on the condition that:

(i) the owner of the homestead is not required to apply the proceeds of the extension of credit to repay another debt except debt secured by the homestead or debt to another lender;

In addition, Section 50(a)(6)(g) requires the lender to provide each owner of the collateral property a disclosure at least 12 calendar days before closing a home equity loan.  The disclosure, commonly loan as the "12-Day Notice", must notify the recipient that the lender does
NOT REQUIRE YOU TO APPLY THE PROCEEDS TO ANOTHER DEBT EXCEPT A DEBT THAT IS SECURED BY YOUR HOME OR OWED TO ANOTHER LENDER
Texas Administrative Code (TAC), Title 7, Part 8, Article 153 was promulgated by the Texas Finance Commission to provide additional regulatory guidance regarding home equity lending in Texas. Section 153.18 provides:
An equity loan must be made on the condition that the owner of the homestead is not required to apply the proceeds of the extension of credit to repay another debt except debt secured by the homestead or debt to another lender.   (1) The lender may not require an owner to repay a debt owed to the lender, unless it is a debt secured by the homestead. The lender may require debt secured by the homestead or debt to another lender or creditor be paid out of the proceeds of an equity loan.  (2) An owner may apply for an equity loan for any purpose. An owner is not precluded from voluntarily using the proceeds of an equity loan to pay on a debt owed to the lender making the equity loan.
In other words, in originating a Texas home equity loan, the lender should not require the borrower to use the loan  proceeds to repay another debt owed to the lender unless the previous debt was secured by a lien against the homestead (e.g., purchase money lien, deed of trust lien, or a home equity lien). However, the lender may require the loan proceeds to be applied toward other debts owed to other creditors (e.g., tax lien, credit card debt, etc.)

According to the TAC, a borrower may voluntarily apply the loan proceeds from a home equity loan toward another debt owed to the same lender.  Lenders should, however, be cautious in doing so because it may have to prove to a court that the use of the loan proceeds was indeed voluntary in the event of a future default.  One can easily anticipate a defaulting borrower arguing otherwise when facing foreclosure. 






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  33. My name is Leo Daniel Archer and i am from Australia i live in a city of Sydney. Have been looking for a loan online since can not get a loan from my bank and have only found people scamming me of my money. Last week i was scammed by a loan company and God know i was ready to end my life but i said to my self let me try and see if i will see a honest company that was ready to help you. So i settled down and search for a company and i read so many good comments about this company Abigail Mills and i said let me apply and see if i will be lucky as other people i was afraid but i gave my self a chance and i applied for a loan of $80,000.00 i explained to this company that i have been scammed and they told me not to worry that they will help you that they have helped so many people from my country before. So i gave this company a chance and they assured me that in 8 hours time i was going to be with my loan i did not believe but i waited for my loan. In exactly 8 hours time i received an alert from my back that my account has be credited with $80,000.00. All thanks to Abigail Mills this company is God cent. And i made a promise to my self that i will testify this company on how they helped me this company do not know am doing this now that am telling people on the internet how they helped me so everyone if you need a real loan Abigail Mills is here to help you do not be fooled by fake people who clam to be lender. I almost forgot you can only contact this company via mail and there contact details is abigailmills.loans227@gmail.com. whatsapp is +1 (903)378-6704. This company is real and true so anyone that reads this message and you are interested contact this company cause they are the only ones that can help solve your problems.

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  34. Good day everyone

    My name is Abiezer Petit Homme i am from Philippine and i live in the city of Manila. I want to use this little time i have to write to the internet that if you need a real and legit loan Abigail Mills is the right company to apply from i was cheated by 2 companies i applied for a loan from and Abigail Mills was the third company i applied from i received my loan from Abigail Mills loan company in less than 8 hours time as the company told me so anyone who needs an online loan without getting scammed apply from Abigail Mills and be rest assured that you will be happy with this company. You can only contact this company via mail or whatsapp mail address is abigailmills.loans227@gmail.com Whatsapp +1 (903)378-6704. Regards to anyone who reads this message all over the world.

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  35. All thanks to Abigail Mills for helping me with my loan after been scammed 6 times by fake people who clams to be loan lenders.

    My name is Rethabile Grace Thandolwethu i am from South Africa and i live in the city of Johannesburg. A month ago i was searching for an online loan and i saw different loan lender on the internet and with some fake testimonies and i applied from them and all i got was scammers i applied more than 6 companies and i was cheated all the way. So i gave up hope until i decided to check again if i will find help as i was searching and i settled down to look for a legit loan company i found this company named Abigail Mills loan company i saw a lot of testimonies that people comment about her but because i was cheated severally i thought it was a scam but i did what i was asked to do and i waited for my loan and Mrs Abigail Mills told me in less than 8 hours time you be with my loan safely i did not believe cause i thought it was also a scam so that day it was night time in South Africa and i slept off the nest morning as i woke up i received an alert from my bank that there is money on my account and immediately i called my bank to confirm and the bank manger told me to come to the bank immediately and i went immediately the bank got opened as the bank manager checked my account we saw an amount of $135,000.00 USD that is United States Dollars and i explained to my manager that i applied for a loan online and my bank manager was shocked if there was still a real and legit loan company online i am so happy all thanks to Abigail Mills i decided to write on the internet because i saw other people do it and testify about this company that is why i am posting this message online to anyone that need a loan even if you have been cheated before apply from this company and be rest assured that this company won't let you down. My Regards to anyone that reads my message and you can contact this company via mail abigailmills.loans227@gmail.com they also use Whatsapp which the number is +1 (903)378-6704. Once again my regards to anyone that reads my message and i pray you are happy as i am today with this company because i am bring more people to this company to help.

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  36. Greetings everyone or anyone my name is Landrew Paul i am from Miami Florida i have heard about this company called Abigail Mills that they are helping people with loans all around the world i was once searched for a loan online and i was cheated by 2 companies which was fake and after that time i never believed in good loan company could come from the internet i thought all of them was a fraud until i found this company named Abigail Mills loan company i found people testified about this company and i was surprised why i did not find this company on time . I never believed what the people said about the company until i apply and gave it a try the amount i was looking for was big and it was for a real estate the loan amount was $10.5 million US dollars and so i applied and the lady Abigail Mills talked to me but since my loan was large it took just 15 hours to receive my loan cause they told me there loan service was 8 hours to receive loan. The only thing she told me to do was to deposit the bank transfer fee which the bank was going to use to transfer my loan into my bank account when she told me that once i was afraid it was a scam but i said let me give it a try i deposited the transfer fee which was stated and that was all i deposited behold in less than 15 hours time i received a message from my bank that sum amount of money which was $10.5 million US dollars has been credited in my bank account and everything about the money the details and who it came from was there behold it was Abigail Mills who helped me when i first saw it i was surprised i never believed my eyes but it was true. So i told my self since other people that the company helped testified about there good deeds let me do mine cause to not easy to see a legit loan company online this days so anyone from anywhere who needs an online loan without getting cheated apply from this company cause they only that can help i have confirmed it and it is true i am so happy and i know this company will make other people more happier then me. You can contact this company via mail or Whatsapp but i used Whatsapp cause it was faster mail address of the company is abigailills.loans227@gmail.com and Whatsapp is +1 (903)378-6704. Thanks everyone regards from Landrew Paul from Miami Florida.

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