Texas Law on a Home Equity Loan

**Letty** · 07-01-2008, 07:27 PM

My question involves real estate located in the State of: Texas

My father-in-law is applying for a home equity loan. Although he was the only one on the application and on the deed. Bank of America is telling him that is texas law for both (father-in-law and mother-in-law) to be on the loan. My mother-in-law is currently out of state and has been for 9 months. She is very sick under doctor's care. She needs a liver transplant. Is there an exempt to this law?

**LawResearcherMissy** · 07-04-2008, 04:59 AM

I've not been able to find one. There may not be one, as Texas is a community property state.

Have your father consult an attorney.

**lwpat** · 07-04-2008, 07:44 AM

They will both have to sign. A representative of the bank can go to her with a notary and get it signed.

**blackcloud2** · 07-09-2008, 07:51 AM

I recently received a home improvement loan. I am the only one on the loan (we did not want to use my husband's credit) but my husband did have to sign acknowledging the home was being mortgaged against.

When my step-father was ill, my mother had a power of attorney for him and she signed the papers for things like selling the house.