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Texas a6 cash out refinance: Find out how to qualify for it

Author: Jessica Bennet
Community Mentor
Ask Jessica
Posted on: 14th Mar, 2007 11:37pm
In the state of Texas, there is a law pertaining to cash-out refinance. This law is known as Texas cash out 50(a)(6). This is more popularly known as Texas a6 law. Under Texas refinance laws, you are required to take out a cash out loan of 80% of the appraised value of the property.


If you are a US citizen, a permanent resident alien or a non-permanent resident alien, then you may be eligible for this loan. However, if you are a foreign national or a borrower with diplomatic immunity, then you will not be eligible for this loan.


Eligibility criteria for Texas a6 cash out refinance


Eligibility criteria to get approved for Texas a6 cash out refinance are listed below.

Properties


Single family residences, warrantable attached/detached condos and PUDs classified as homestead under Texas a6 laws. Non-warrantable condos, non-warrantable Planned Unit Developments (PUDs), manufactured home etc. are however not eligible. Anyways, the minimum property area should be 600 sq ft. Property must be classified as a homestead under Texas refinance laws.

Credit score and DTI


The minimum credit score required for this is 620. In addition to this, the maximum permissible DTI (debt to income) ratio is 45%.

Credit history


You should have established a good credit score after you have filed bankruptcy and/or foreclosure. If your property has been foreclosed, then the waiting period to get approved for this loan is 7 years.

Employment


A continuous employment of 2 years is required. For self-employed persons, proper documentation of income is required.

Assets


Assets that are used to close the transaction must be disclosed. Funds that you use in the transaction must come from a verified source.
While taking out this loan, you should follow the Texas a6 cash out refinance rules properly. It is advised that you should get the help from a mortgage attorney for this.
Posted on: 14th Mar, 2007 11:37 pm
hi, has anyone here heard of texas a6 cash out refinance rules or something like that? i am looking to refi my property in texas. any info will be helpful.
I would like to ask a question to clarify some of the posts above. I want to refinance my home mortgage, take cash out to pay off some other debts, and pay off an existing HELOC. Once I do that, can I take out another HELOC just so I can have some cushion if I need it. My loan to value is very low, about 46%, so I have plenty of equity. Or would this be prohibited under the "only one A6 loan at a time" provision? Thanks.
Posted on: 19th May, 2009 08:59 pm
I've looked around a bit, but haven't found a definative answer. Does rolling the closing costs into a refinance constitute an A6 loan, if no other cash is received by me? Or would that still be a rate and term refinance?

I'm attempting to apply for the new "Home Affordable Refinance" program offered by Fannie Mae, part of the housing stimulus package. It's for homeowners who's property values have dropped, no longer hold 20% equity, mortgage currently held by Fannie Mae, and are not paying PMI, and haven't been late on any payments yet; all of the above for me, so sounds like a win. The problem is, I've probably only got 10% equity now and I want to roll in the closing costs. That's not a problem for the FM program, since it allows up to 105% LTV, but in Texas if rolling in closing costs constitutes an A6 then I can't have any more than 80% LTV, so it's a deal breaker.
Posted on: 20th May, 2009 11:39 am
hi

to m. haden,

if you prepay your texas a6 loan, you may not have to pay any prepayment penalty. check out the section 50(a)(6), article xvi, texas constitution where the points marked as (g) has a reference to this prepayment penalty. you'll find it at "https://www.senderra.com/assets/docs/texas%20constitution%20requirments.pdf".

to clay,

you're allowed to take out one texas a6 loan at a time. so, if you're going to do a cash-out refinance, you aren't supposed to qualify for another equity loan.

to jaydub,

rolling the closing costs into the loan and doing a cash-out refinance are two different things. if you roll in your closing costs into the home affordable refinance plan, i don't think it will be considered as a cash-out refinance. if it's not a cash-out refinance, the rule of 80% ltv under texas a6 refinance, shouldn't apply.
Posted on: 22nd May, 2009 07:21 am
I was told that you can't do a cash out refinance on a multi-family structure even if it is homesteaded and primary residence. Is that true?

Thanks in advance.
Posted on: 10th Jun, 2009 07:32 am
"Anytime you are pulling cash out of your home, regardless of lien position, it falls into a Texas A6 loan category. So if you have an existing 1st lien you refinance Plus cash, that is a Texas A6 governed transaction. If you have a 1st lien and you don't refinance but instead take out a 2nd lien home equity loan or HELOC that ALSO falls under Texas A6 governance.

I hope that helps..."

Where does a 2nd lien Home Improvement fall into this mix?
Posted on: 17th Jun, 2009 01:29 pm
I am in the middle of refinancing my mortgage to consolidate my 2 primary mortgages , which I got 5 years ago to purchase my homw. I am trying to lower my interest rate and save $. I have good credit and a solid appraisal. I live in a suburban area on the water. I am being told that I may not qualify for refinancing because I do not have 3 of 5 municipal services. I have water and electric, but not sewer, gas or storm drain. They are not an option, not available. Does sound right??
Posted on: 20th Jun, 2009 01:19 pm
My Loan to Value is very good
Posted on: 20th Jun, 2009 01:30 pm
When we refinanced and consolidated our debt we took out a cash out back in 2004. In 2008 we went to our credit union and asked for a home equity loan which they lent us money to pay off bills. Is this also a cash out even though they call it a home equity loan? My question is how many cash out loans are you allowed on your property, in the State of Texas?
Posted on: 04th Jul, 2009 08:59 am
Hi Cindy,

As far as I know, you can do a cash-out refinance on the property, provided there is enough equity in it. But you can cash-out only once in a year in Texas. So if you already have taken a cash-out on the property, you will not be allowed to cash out again until one year period is over.


Hi Seaton,

I think the second lien home improvement loan that you takeout will fall into Texas A6 loan category. When you are taking out an improvement loan, you are basically taking cash out of the property using the equity to make improvements to the house.
Posted on: 06th Jul, 2009 07:03 am
I was just told that I could not refinance my existing mortgage loan that was orginally taken 7 years ago because we took cash out on that loan.
Does that sound right?
I should be able to refinance if it has more than 1 year, shouldn't I?

Thanks!
Posted on: 17th Aug, 2009 11:47 am
hi judy,

as far as i know, at least 3 out of 5 municipal services need to be available for the property to qualify for a refinance in texas. most lenders would want your property to have these basic services before offering a loan against it. however, you should talk with some other lenders. there could be some lenders who may still offer a loan on your property. but even if they offer a loan, they will charge exorbitant rates on the loan.

hi gilbert,

a home equity loan is different from a cash-out refinance loan. in a cash-out loan, you take a new loan on your property which exceeds the existing loan balance. it allows you to pay off the current mortgage. unlike a refinance mortgage, a home equity loan is a second mortgage. it holds a junior lien on the property and is paid off after satisfying the first mortgage. the equity in the property is used as collateral for the loan.

as far as i know, you can take only one cash-out loan at a time in the state of texas. if you need another cash-out loan, you need to pay off the existing loan first. you cannot have two cash-out loans simultaneously.

hi elocin,

i think you should be able to get a new loan to refinance the existing loan. i know of a 1 year requirement i.e. you cannot refinance if you have taken a cash-out loan less than a year ago. since you took the loan 7 years ago, there seems to be no reason why you cannot get a loan to refinance now.

thanks,

jerry
Posted on: 18th Aug, 2009 04:47 am
I have just been told by my bank that once you do a Texas A6 loan or a loan considered Texas A6, and you refinance again even if is out of the 1 year perameter, you cannot wrap your closing cost into the new loan. Once an a6 always an a6. Even if the new loan is a rate refinance. Is this accurate.
Posted on: 27th Sep, 2009 07:17 pm
I have a first mortgage (used to purchase property) and a second mortgage which was a construction loan, paid to the contractor, for substantial home improvements (including additional sq ftge). Construction was completed in 2004.
I'd like to consolidate both loans into a lower-rate 15 year fixed loan. Is this a "cash out" loan under Texas law??
Posted on: 08th Oct, 2009 11:11 am
Hi Bill,

It is true that an A6 loan always remains an A6 loan. Even if you refinance an A6 loan with a rate and term loan, it will still be considered as an A6 loan. You will not be able to wrap your closing costs into the new loan.

Hi Nancy,

I don't think the new loan would be considered as a cash-out loan, because you are merely using the equity in the property and taking out a large loan to cover both the mortgages. The existing loans are not Texas A6 loans. Thus, you can refinance it using a 15 year rate and term loan fixed loan.
Posted on: 09th Oct, 2009 03:24 am
two years ago i took a cash-loan. Now my husband lost his job and my hours have been reduce. Bank of America is telling me because of the texas a6 law I dont qualify for the obama reduction in rate. My rate is now 9%. I have 80% ltv in my house. When I did a cashout i change my term from 30 years to 15 years. I have 12 1/2 year left on my home and I can not afford my mortgage. I have never been late on my mortgage payment. My credit score is not high any more and I know with the Obama plan you dont have to have a high credit score. What can I do???? HELP
Posted on: 22nd Oct, 2009 07:12 pm
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