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4301.7: Texas Equity Section 50(a)(6) Mortgages (08/17/16), (b) Eligible Mortgages ("A Texas Equity Section 50(a)(6) Mortgage must be one of the following, depending on the applicable facts: A cash-out refinance Mortgage, as described in Section 4301.5, or a "no cash-out" refinance
The court cannot order a bank to give a loan, but having it in writing allows you to file a motion to enforce the decree if your ex-spouse does not refinance in time. It is best for the spouse keeping the house to sign a Deed of Trust to Secure Assumption promising to pay the mortgage until they can refinance.
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Because it can be a significant debt, knowing how to remove a spouse from a car loan is imperative after Dallas divorce. If you are just considering a Dallas divorce right now and are researching things like how to remove a spouse from a car loan, then please read more about your future options on the Texas Divorce Lawyer FAQ page.
If one spouse plans to live in the home after the divorce, the court can order, or the spouses can agree to have, the spouse who remains take over the financial responsibility of paying the mortgage. However, there are few laws that specifically govern refinancing for a divorce situation and such refinances can be complicated.
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Many spouses decide that they will not refinance the vehicle to satisfy the original loan in the divorce. So, one spouse executes a power of attorney to transfer the vehicle to the other spouse. And, the receiving spouse brings the document to DMV. DMV will not allow you to take title of the car with this document.
Texas A6 law: Cash-out loan and other refinance options. The state of Texas will impose a serious penalty on a lender when excess charges are revealed. In addition, a home equity loan cannot be closed within 12 days after a person applies for the loan and it must be closed at an office of the lender, at an attorney’s office or at a title company’s.
Cash-out Refinance Rules. In Texas, refinance transactions where borrowers wish to receive cash are limited to 80 percent loan-to-value (LTV). This means a new loan amount cannot exceed 80 percent of the value of a home. A loan-to-value ratio is calculated by dividing the new loan amount by the value of the property.