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Chapter 11
Practice Notes
Forms
§ 11.1 Home Equity Loan General Considerations
§ 11.2 Home Equity Loans Closed before January 1, 2018
§ 11.3 Authorized Lenders
§ 11.4 Restriction on Loan-to-Value Ratio
§ 11.5 Restrictions on Open-End Credit
§ 11.6 Restriction on Fees
§ 11.7 Restriction against Recourse Debt
§ 11.8 Restriction against Prepayment Penalties
§ 11.9 Restriction against Additional Collateral
§ 11.10 Restriction on Number of Home Equity Loans
§ 11.11 Restriction on Frequency of Home Equity Loans
§ 11.12 Restriction on Amortization of Home Equity Loans
§ 11.13 Restriction on Interest
§ 11.14 Restriction on Basis for Acceleration
§ 11.15 Restriction against Confession of Judgment or Waiver of Citation
§ 11.16 Restriction against Assignment of Wages
§ 11.17 Restriction against Same Creditor Payoffs
§ 11.18 Required Preloan Disclosures
§ 11.19 Borrower’s Right of Rescission
§ 11.20 Requirements for Loan Documents
§ 11.21 Restriction on Place of Closing
§ 11.22 Restriction on Release or Transfer of Note
§ 11.23 Restriction on Refinancing
§ 11.24 Forfeiture Provision
§ 11.25 Cure Provisions
§ 11.26 Nonseverability Provision
§ 11.27 Truth in Lending
§ 11.31 Overview of Reverse Mortgage Loans
§ 11.32 Consensual Homestead Lien by Senior Homeowner and Spouse
§ 11.33 Nonrecourse Debt
§ 11.34 Advances Based on Equity in Homestead
§ 11.35 No Repayment Until Maturity Event Occurs; Grounds for Foreclosure
§ 11.36 Permitted Uses of Loan Funds
§ 11.37 Foreclosure under Power of Sale and by Court Order
§ 11.38 No Closing until Delivery of Twelve-Day Consumer Notice and Certification of Required Counseling
§ 11.39 Advances According to Authorized Payment Plan (Including Line-of-Credit Method)
§ 11.40 Prohibitions against Use of Credit Cards and Similar Devices, Transaction Fees, and Unilateral Amendments of Terms
§ 11.41 Future Advances; Priority of Lien
§ 11.42 Interest; Shared Appreciation
§ 11.43 Reducing or Failing to Make Advances; Forfeiture
§ 11.44 Preemptive Authority
§ 11.45 Title Insurance Considerations
§ 11.46 Truth-in-Lending Disclosure Considerations
§ 11.47 Federal Home Equity Conversion Mortgage (HECM) Loan Program
§ 11.51 Introduction to Form General Instructions
§ 11.52 Instructions for Completing Notice Concerning Extensions of Credit
§ 11.53 Instructions for Completing Home Equity Extension of Credit (Promissory Note)
§ 11.54 Instructions for Completing Deed of Trust (Home Equity Loan)
§ 11.55 Instructions for Completing Home Equity Certificate and Agreement
§ 11.56 Instructions for Completing Election Regarding Right of Rescission
§ 11.57 Instructions for Completing Notice Concerning Refinance of Existing Home Equity Loan
§ 11.58 Instructions for Completing Affidavit of Compliance
§ 11.61 Additional Resources
11-1 Notice Concerning Extensions of Credit
11-2 Home Equity Extension of Credit
11-3 Deed of Trust
11-4 Additional Clauses for Deeds of Trust (Home Equity Loan)
11-5 Home Equity Compliance Certificate and Agreement
11-6 Election Regarding Right of Rescission
11-7 IMPORTANT NOTICE TO BORROWERSRELATED TO YOUR REVERSE MORTGAGE
11-8 Notice Concerning Refinance of Existing Home Equity Loan to Non–Home Equity Loan under Section 50(f)(2), Article XVI, Texas Constitution
11-9 Affidavit of Compliance (Pursuant to Section 50(f)(2), Article XVI, Texas Constitution)
11-10 Texas Home Equity Attorney Opinion, Checklist, and Lender Certification
Form11-5
11 Home Equity Loan Documents
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