Sec. 1352.053. APPLICATION; VENUE. (a) A parent or managing conservator shall apply to the court under oath for the authority to encumber the residence homestead as provided by this subchapter.
(b) The application must contain:
(1) the minor's name and address;
(2) a legal description of the property constituting the homestead;
(3) a description of the minor's ownership interest in the property constituting the homestead;
(4) the fair market value of the property constituting the homestead;
(5) the amount of the home equity loan;
(6) the purpose or purposes for which the home equity loan is being sought;
(7) a detailed description of the proposed expenditure of the loan proceeds to be received by the parent or managing conservator on the minor's behalf; and
(8) a statement that all loan proceeds received by the parent or managing conservator on the minor's behalf through a home equity loan authorized under this subchapter shall be used in a manner that is for the minor's benefit.
(c) Venue for the application is the same as venue for an application for the appointment of a guardian for a minor.
Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.
Structure Texas Statutes
Title 3 - Guardianship and Related Procedures
Subtitle I - Other Special Proceedings and Substitutes for Guardianship
Chapter 1352 - Mortgage of Minor's Interest in Residence Homestead
Subchapter B. Mortgage of Minor's Interest Without Guardianship
Section 1352.051. Applicability of Subchapter
Section 1352.052. Authority to Mortgage Minor's Interest Without Guardianship
Section 1352.053. Application; Venue
Section 1352.054. Hearing; Requirements to Mortgage Minor's Interest
Section 1352.055. Surety Bond; Discharge of Sureties
Section 1352.056. Use of Proceeds
Section 1352.057. Annual Report
Section 1352.058. Sworn Report of Expenditures
Section 1352.059. Disaffirmation of Home Equity Loan Prohibited