Texas Equity 50(a)(6) for the Correspondent Key Loan Standard
If not specifically addressed in the matrix below then currently published standards remain unchanged and continue to apply.
Last Revision Date 10/14/2022 (Correspondent) Page 9 of 13
Correspondent
Seller Guide –
Section 2:06 Key
Loan Standard
Refinances/Cash-out Refinance
Note: Below is an EXCERPT only of the standards from the above referenced section
Continuity of Obligation
Reference: See the Cash-Out Refinance, and Limited Cash-Out (Rate/Term) Refinance subtopics for additional
information.
• The objective of the continuity of obligation requirement is to address refinance transactions that include a
borrower that is on title, but not obligated on the original mortgage note being satisfied.
• The continuity of obligation standards do NOT apply for properties recently inherited, spousal/partner buyouts,
installment land contract transactions, or properties owned free and clear.
• An acceptable continuity of obligation (assuming that there is an outstanding lien against the property) exists
when:
• there is at least one borrower obligated on the new loan who was also a borrower obligated on the existing
loan being refinanced, OR
• the borrower has been on title for at least 12 months (but not obligated on the existing loan being
refinanced) AND residing in the property for at least 12 months AND has either:
• paid the mortgage for the last 12 months (including the payments for any secondary financing), OR
• can demonstrate a relationship (relative, domestic partner, etc.) with the current obligor.
Note: The existing loan being refinanced and the title must have been held in the name of a natural person or
an LLC (as long as the borrower was a member of the LLC prior to transfer). In addition, a six (6) month history
of ownership between the LLC and the natural person must be documented. Transfer of ownership from a
corporation to an individual does not meet this requirement.
Loans with an acceptable continuity of obligation may be underwritten and priced as either a limited cash-out
(rate/term) or a cash-out refinance based on standard definitions.
• If the borrower is currently on title but is unable to demonstrate an acceptable continuity of obligation, the
following applies:
• the loan must be underwritten and priced as a cash-out refinance transaction,
• the borrower must be on title for a minimum of six (6) months prior to loan application, and
• the maximum LTV/TLTV/HTLTV ratio will be limited to 50% based on the current appraised value.
• If the borrower is currently on title, but there is no outstanding lien against the property, the loan must be
underwritten and priced as a cash-out refinance.
Cash-Out Refinance
• The LTV is based on one of the following:
• If the borrower has owned the property for less than twelve (12) months from the date of the application,
the LTV/TLTV/HTLTV is based on the lesser of the acquisition cost or the current appraised value.
• If the borrower has owned the property for at least twelve (12) months from the date of application, the
LTV/TLTV/HTLTV is based on the current appraised value.
• Gifted property within the most recent twelve (12) month period is limited to a maximum of 60%
LTV/TLTV based on current appraised value.
• Cash-out refinance transactions must be used to pay off existing mortgages by obtaining a new first mortgage
secured by the same property or be a new mortgage on a property that does not have a mortgage lien against
it.
• There is no waiting period if the lender documents that the borrower acquired the property through an
inheritance or was legally awarded the property (divorce, separation or dissolution of a domestic partnership).
• Cash-out transactions are permitted to pay off a construction single-closing loan where six (6) permanent
mortgage payments have been made.
• Cash-out refinance transactions are not eligible if the existing loan is a “restructured mortgage.”
Refinances/Cash-out Refinance
Note: Below is an EXCERPT only of the standards from the above referenced section
Continuity of Obligation
Reference: See the Cash-Out Refinance, and Limited Cash-Out (Rate/Term) Refinance subtopics for additional information.
• The objective of the continuity of obligation requirement is to address refinance transactions that include a borrower
that is on title, but not obligated on the original mortgage note being satisfied.
• The continuity of obligation standards do NOT apply for properties recently inherited, spousal/partner buyouts,
installment land contract transactions, or properties owned free and clear.
• An acceptable continuity of obligation (assuming that there is an outstanding lien against the property) exists when:
• there is at least one borrower obligated on the new loan who was also a borrower obligated on the existing
loan being refinanced, OR
• the borrower has been on title for at least 12 months (but not obligated on the existing loan being refinanced)
AND residing in the property for at least 12 months AND has either:
• paid the mortgage for the last 12 months (including the payments for any secondary financing), OR
• can demonstrate a relationship (relative, domestic partner, etc.) with the current obligor.
Note: The existing loan being refinanced and the title must have been held in the name of a natural person or an LLC
(as long as the borrower was a member of the LLC prior to transfer). In addition, a six (6) month history of ownership
between the LLC and the natural person must be documented. Transfer of ownership from a corporation to an
individual does not meet this requirement.
Loans with an acceptable continuity of obligation may be underwritten and priced as either a limited cash-out
(rate/term) or a cash-out refinance based on standard definitions.
• If the borrower is currently on title but is unable to demonstrate an acceptable continuity of obligation, the following
applies:
• the loan must be underwritten and priced as a cash-out refinance transaction,
• the borrower must be on title for a minimum of six (6) months prior to loan application, and
• the maximum LTV/TLTV/HTLTV ratio will be limited to 50% based on the current appraised value.
• If the borrower is currently on title, but there is no outstanding lien against the property, the loan must be
underwritten and priced as a cash-out refinance.
Cash-Out Refinance
• The LTV is based on one of the following:
• If the borrower has owned the property for less than twelve (12) months from the date of the application, the
LTV/TLTV/HTLTV is based on the lesser of the acquisition cost or the current appraised value.
• If the borrower has owned the property for at least twelve (12) months from the date of application, the
LTV/TLTV/HTLTV is based on the current appraised value.
• Gifted property within the most recent twelve (12) month period is limited to a maximum of 60% LTV/TLTV
based on current appraised value.
• Cash-out refinance transactions must be used to pay off existing mortgages by obtaining a new first mortgage
secured by the same property or be a new mortgage on a property that does not have a mortgage lien against it.
• There is no waiting period if the lender documents that the borrower acquired the property through an inheritance
or was legally awarded the property (divorce, separation or dissolution of a domestic partnership).
• Cash-out transactions are permitted to pay off a construction single-closing loan where six (6) permanent mortgage
payments have been made.
• Cash-out refinance transactions are not eligible if the existing loan is a “restructured mortgage.”