Sec. 1352.054. HEARING; REQUIREMENTS TO MORTGAGE MINOR'S INTEREST. (a) On receipt of an application under this subchapter, the court shall set the application for hearing on a date not earlier than the fifth day after the date the application is filed.
(b) The court may cause citation to be issued if the court considers citation necessary.
(c) At the time of the hearing, the court, on approval of the surety bond required by Section 1352.055, shall authorize the parent or managing conservator to receive the extension of credit sought in the application if the court is satisfied from a preponderance of the evidence that the encumbrance is:
(1) for a purpose described by Section 1352.056(1) or (2); and
(2) in the minor's best interests.
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