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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.
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Cash Out Refinance Due to state specific laws regarding cash out refinance loans, a VA refinance where cash equity is taken out of the home is not available in Texas. VA cash out refinances are generally available in other states.
While the online version of the statutes contain only the language of the law, the Texas State Law Library has a complete set of Vernon’s Texas Codes Annotated which is available for patrons to use in the library or check out overnight. This set provides helpful annotations to case law and secondary sources relevant to a particular statute.
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Texas Cash-out Program Guide – Wholesale Page 4 of 7 11/16/2015 Texas Cash-Out Program Guide Only fees which are allowed by State Law and respa/ecoa regulatory guidelines can be charged to the borrower and MUST be accurate and reflected
In the state of Texas cash-out and home-equity loans for homestead properties are restricted by the Texas Constitution (see section 50 (a) (6) article XVI). This article restricts cash-out loans to a maximum loan-to-value (LTV) of 80%. In other words, if your home is worth $100k the maximum allowed loan on the home would be $80k.
Texas is a community property state and has unique equity laws. Unfortunately, in this situation, a Texas cash out refinance would not be.