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Texas Amends Home Equity Lending Rules in Light of Recent Amendments to the Texas Constitution

Texas adopted rules relating to home equity lending in light of recent amendments to the Texas Constitution. The adopted rules: update references to the fees cap (reduced from 3% to 2% per constitutional amendment); clarify provisions with respect to the fees that may be excluded from the 2% fees cap; clarify requirements with respect to the refinancing of a home equity loan as a non-home equity loan; and remove references to the 50% limitation on additional debits or advances for a HELOC (HELOCs are now subject to the 80% limitation). The adopted rules become effective March 29, 2018.

See Texas Secretary of State website for the full text of the Regulations:

http://www.sos.state.tx.us/texreg/pdf/backview/1124/1124prop.pdf

http://www.sos.state.tx.us/texreg/pdf/backview/0323/0323adop.pdf

*Note that both links need to be viewed in conjunction with each other to get the full text of the regulations.

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