Current with legislation from the 2023 Regular and Special Sessions signed by the Governor as of November 21, 2023.
Section 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, Sec. 1.02, eff. 1/1/2014.