Insights Archive - Page 14 of 17 - Polunsky Beitel Green

Refinance Transactions – Fannie Mae v. Texas Law

In Texas, the term “cash out” is commonly used to describe a home equity loan originated under Section 50(a)(6), Article XVI of the Texas Constitution. However, the term “cash out” is also used to define a refinance transaction under the Fannie Mae ... Read More

Client Memos

Client Memo – Regulatory Resources concerning Covid-19

State regulators have shifted to remote operations just like many financial service companies. This adjustment includes significant expansion of offsite examination procedures. Additionally, on behalf of state regulators, the Conference of State Bank ... Read More

Client Memos

Client Memo – The United States Supreme Court Holds that the President May Remove CFPB Director at Will

Today, the U.S. Supreme Court held that the President has the authority to remove the Director of the Consumer Financial Protection Bureau at will, but that the CFPB may otherwise continue operating. The 2010 Dodd-Frank Wall Street Reform and ... Read More

Client Memos

Client Memo – Community Property and Homestead Rights in Texas. When Does a Non-Titled Spouse Need to Sign the Security Instrument?

Texas recognizes both community property rights and homestead rights in real property. When title to real property is held in the name of only one spouse, questions often arise as to whether either (or both) of these rights require that a non-titled ... Read More

Client Memos

Client Memo – EXTENSION OF Temporary Authorization of Remote Ink-Signed Notarization (RIN) for Texas Real Estate Closings

We want to inform you that the order of the Governor, which temporarily suspended the requirements of Texas Civil Practice and Remedies Code Section 121.006(c)(1) to permit that a notary to witness wet-signed documents in a real estate transaction by ... Read More

Client Memos

Client Memo – Equitable Subrogation A Home Equity Lender’s Salvation

Equitable subrogation is an important legal principal under Texas law that allows a lender whose loan proceeds are used to pay off an existing lien to claim the lien priority of the lien being paid off by the new lender. In 2007, the Texas Supreme ... Read More

Client Memos

Client Memo – Temporary Authorization of Remote Ink-Signed Notarization for Texas Real Estate Closings

We want to inform you that Governor Abbott today issued a press release regarding an Order temporarily suspending the requirements of Texas Civil Practice and Remedies Code Section 121.006(c)(1), which contemplates that a notary witness a wet-signed ... Read More

Client Memos

Client Memo – Regarding Temporary Suspension on Certain In Person Notary Acts

Please be advised that Governor Abbott issued a press release this afternoon which indicates he has temporarily suspended the statutory requirement that a person appear before a Texas notary for certain documents to be acknowledged. This directive ... Read More

Client Memos

Client Memo – Regarding Fannie Mae Lender Letter LL-2020-03 Modifying Requirements for Use of POAs

We wanted to let you know that on March 31, 2020, Fannie Mae updated Lender Letter (LL-2020-03) to include new requirements and flexibility in the use of Powers of Attorney (“POA”) in purchase and limited cash-out refinance transactions. Fannie Mae ... Read More

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