One of the advantages of living in Texas is its strong regulatory system protecting consumers. This manifests itself in many ways, including the unique laws governing home equity lending.
These laws in particular stem from the state’s long-standing protection of homesteading rights and its unique title structure governing all private property transactions. You might not know much about these statutes, but you may be familiar with the financial products that they affect— home equity loans and cash-out refinances.
Unlike other states, Texas didn’t allow home equity loans until 1997. Even after allowing these kinds of loans, Texas legislation restricts loan size so homeowners seeking to leverage their equity don’t inadvertently take on undue risk. All of these restrictions and provisions are outlined in the 1997 Texas Constitutional statute known as Section 50. You don’t have to read pages of complicated legislation to understand the basics—we have a simplified version right here.
Home equity loans allow homeowners to leverage the equity in their home to access funds for large expenses like home improvements, debt consolidation, medical bills, or education costs. However, Texas has specific laws and regulations around home equity loans that differ from other states.
In this comprehensive guide, we’ll explain exactly how home equity loans work in Texas, the unique rules you need to know, and tips for getting the best loan terms.
An Overview of Home Equity Loans in Texas
Texas did not permit home equity loans until 1997, when an amendment to the state constitution legalized them. However, the state legislature wanted to protect homeowners from losing their homes due to excessive borrowing.
So Texas instituted strict home equity lending laws not seen in other states. These regulations control loan amounts, fees, processes, and repayment terms.
The key things to know
- You can borrow up to 80% of your home’s value minus any mortgage debt
- Only one loan or cash-out refinance is allowed at a time
- You must wait 12 months between loans
- Loans can only be taken out on your primary residence
These provisions reduce foreclosure risk and prevent homeowners from borrowing more than they can afford to repay.
Home Equity Loan Requirements
To qualify for a home equity loan in Texas, you’ll need:
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At least 20% equity – Lenders want to see you have enough existing equity to support the loan.
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A credit score of 620+ – Lenders check your creditworthiness to assess repayment risk Good credit means better chances for approval
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Income to repay the debt – Lenders verify your income to ensure you can make the loan payments.
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A loan-to-value ratio under 80% – The loan amount plus mortgage debt cannot exceed 80% of the home’s value.
Meeting these requirements provides evidence you can manage the loan responsibly.
Calculating Home Equity Loan Amounts
Texas caps total borrowing at 80% of your home’s appraised value. To determine the max loan amount, first calculate your available equity.
Equity = Home Value – Existing Mortgage Debt
For example:
- Home Value: $200,000
- Mortgage Debt: $120,000
- Equity: $200,000 – $120,000 = $80,000
Since Texas allows borrowing up to 80% of the value, multiply the home’s value by 0.8.
Maximum Borrowing = Home Value x 0.8
Here, 80% of $200,000 is $160,000.
Next, subtract the mortgage debt. This gives you the maximum home equity loan amount.
Maximum Loan = (Home Value x 0.8) – Mortgage Debt
So the max loan this homeowner could qualify for is:
($200,000 x 0.8) – $120,000 = $160,000 – $120,000 = $40,000
The more equity you have, the more you can potentially borrow. Just remember the 80% cap.
Interest Rates and Fees
Texas home equity loans can have fixed or variable interest rates. Fixed rates remain the same over the full loan term. Variable rates fluctuate based on market conditions.
Interest rates are generally lower for borrowers with good credit and sufficient equity. Texas caps lender fees at 2% of the loan amount. Common fees include:
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Origination fee – Charged for processing the loan, around 1-2% of the loan amount
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Appraisal fee – For the home appraisal, typically $300-$600
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Title fees – For title search, insurance, and filing, often $700-$2,000
Always verify fees with lenders so you understand total costs before borrowing.
Loan Terms and Payments
Texas home equity loans come in a lump sum payment with a set repayment schedule of 5 to 30 years. Longer terms mean lower monthly payments, but higher total interest costs.
You’ll make fixed principal and interest payments each month until the loan is paid off. These loans have no prepayment penalties, so extra payments can help pay down the debt faster.
Payment amounts depend on the loan balance, interest rate, and repayment term. For instance, a $30,000 loan at 6% interest over 15 years would have monthly payments around $250.
Use a home equity loan calculator to estimate payments for your situation.
Texas Home Equity Loan Rules and Regulations
Texas has specific constitutional provisions regulating home equity lending. It’s crucial to understand these rules before borrowing.
Loan Limits
- Total borrowing capped at 80% of home value
- Only one loan or cash-out refinance allowed at a time
- 12 month wait between loans
- Can only be taken out against primary residence
Loan Processes
- 12 day waiting period after application
- Must close at lender’s permanent office
- 3 business day right of rescission after closing
Interest and Fees
- Fixed or variable rates allowed
- Lender fees capped at 2% of loan amount
- No prepayment penalties
Repayment
- 5-30 year terms
- Regular principal and interest payments
- No accelerated repayment if home value drops
Adhering to these regulations reduces financial risk for Texas homeowners. Follow the rules to safely tap your home equity.
Tips for Getting the Best Home Equity Loan in Texas
Use these tips to help get ideal loan terms in Texas:
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Shop multiple lenders – Compare interest rates and fees to find the best deal. Local banks and credit unions may offer advantages.
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Check your credit – Good credit means better loan offers. Review your credit reports and scores first.
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Consider a shorter term – Shorter terms have lower rates but higher payments. Choose the term length that fits your budget.
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Pick a fixed rate – Fixed rates provide consistent, predictable monthly payments.
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Lower your debt – Pay down existing debts to qualify for better loan terms.
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Bring equity to 20% – Hit at least 20% equity if possible to qualify for more favorable rates.
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Get prequalified – Prequalification provides estimates on loan amount, rates, and costs.
Doing research upfront can help you secure the ideal home equity loan for your financial situation.
Alternatives to Home Equity Loans
If you don’t meet Texas’ home equity loan requirements, consider these alternative financing options:
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Personal loans – Unsecured loans based on creditworthiness, not home equity.
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Credit cards – Revolving credit lines. Useful for smaller borrowing needs.
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Private student loans – For education costs not covered by federal loans.
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401(k) or IRA loans – Borrow against retirement savings. Must be repaid.
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Family loans – Borrow from willing relatives. Outline terms clearly.
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HELOC – Credit line with flexible draw periods. Variable rates.
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Cash-out refinance – Replace mortgage with larger loan to access equity.
Evaluate all your choices to find the best option for your circumstances.
The Bottom Line
Thanks to Texas’ unique laws, homeowners can prudently leverage home equity to access funds through regulated lending practices. Understanding how these loans work allows you to borrow safely.
The key is sticking to the limits on loan amounts, following the processes, and borrowing only what you can reasonably repay. Used responsibly, a home equity loan can provide affordable financing to achieve your financial goals.
You can only take out a home equity loan on your primary residence.
Thinking of taking out a home equity loan on your investment property? Think again. In Texas, you can only borrow against the property (one to four family units allowed) in which you live, not your second home or rental property.
You can only have one outstanding equity loan.
Texas law permits that you can only have one home equity loan or one cash-out refinance loan at a time. If you want to get another loan, you’ll have to pay the first one off first.
How do Home Equity loans work in Texas?
FAQ
How does it work when you take out a home equity loan?
Does the state of Texas allow home equity loans?
What is the difference between a HELOC and a home equity loan in Texas?
How long does it take to close on a home equity loan in Texas?
How long do home equity loans last in Texas?
But Texas has some unique regulations around home equity loans. Home equity loans come in a lump sum and you make fixed monthly payments for the loan’s life. The term can be anywhere from five to 30 years, depending on the loan amount.
What is home equity in Texas?
Simply put, home equity is the difference between your home’s current market value and the principal balance you owe on your mortgage loan. In Texas, the rules surrounding home equity loans are unique, offering both opportunities and limitations. Understanding these nuances can help you make informed decisions about tapping into your home equity.
Should you take out a home equity loan in Texas?
Taking out a home equity loan can be much more cost-effective than using credit cards with high interest rates to make large purchases. A Texas cash-out refinance loan, also known as a Section 50(a)(6) loan, is another type of home equity loan that allows homeowners to refinance their current mortgages while using their home equity.
How does a home equity loan work?
Home equity loans function similarly to standard home loans, typically featuring fixed interest rates and fixed monthly payments. The loan terms can range from 10-to-30 years.