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Legal Articles: Recent Articles and Memoranda by Our Attorneys on Federal and Texas Mortgage Law and Regulations

Please choose from the following article categories.

Texas Homestead Law
Texas Property Law & Practices
Texas Legislative & Judicial Updates
Federal Housing Law & Regulations
Note: The articles above are available in a Portable Document Format (PDF). PDF files permit documents to be shared by all platforms. To view a PDF document, you will need the Adobe Acrobat Reader (free).

Texas Homestead Law

Date Subject
Dec 2014 New Home Equity Interpretations
Jun 2013

Finance Commission et al vs Norwood et al

Jan 2013 A Lender's Legal Primer on the Texas Reverse Mortgage
Oct 2007 New Constitutional Home Equity Amendments Effective November, 2007
Mar 2007

Agricultural Use Homesteads — a Plague and Pestilence upon Texas Homesteads

May 2006 Final Summary Judgment and Temporary Stay Order Entered in ACORN v. Finance Commission Finding Various Home Equity Interpretive Rules Constitutionally Invalid
May 2006

Comment on Proposed Rules 7 T.A.C. §§153.13, 153.18, 153.20, and 153.22 as published in the Texas Register on March 3, 2006 (31 Tex. Reg. 1393) and Proposed for Adoption by the Joint Financial Regulatory Agencies (the “Commissions”) and Codification to the Texas Administrative Code as part of 7 T.A.C. Chapter 153 HOME EQUITY LENDING (the “Interpretive Rules”)

Jan 2006

Texas New & Improved Reverse Mortgage

Apr 2005 Understanding Compliance Requirements for 1-Day Preclosing Disclosure
Mar 2005

New Finance Commission Interpretive Rule Provides Lenders Guidance on Curing Violations of Home Equity Obligations.

Jan 2004

Texas Home Equity Reform Update

Nov 2003

Finance Commission to Adopt Home Equity Commentary

Sep 2003

Home Equity Reform Requires New Disclosures and Procedures by September 29

Jul 2003

“Home Equity Reform Measures Proposed by SJR 42” by Al Alsup

Mar 2002 Texas Home Equity Lending Law Update
May 2000 Texas Reverse Mortgage Law
Oct 1999 Legislative Supplement; The Pitfalls in Texas Home Equity Lending

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Texas Property Law & Practices

Date Subject
Aug 2007 New Mortgage Fraud Notice and Verification Requirements
Apr 2007 Confidentiality Notice Again Required for Deed and Mortgage Instruments
Mar 2007 Preparation of Documents Affecting Title to Real Property as the Unauthorized Practice of Law
Apr 2004 New Titling and Mortgage Financing Procedures for Texas Manufactured Homes under SB 521
Jul 2003 “Plain Language Requirements in Texas Secondary Mortgage Transactions” by Sam J. Brown
Apr 2002 Texas Title Insurance Update Regarding Mortgagee Policies of Title Insurance & Endorsements
Feb 2002 Recent Amendments to the Home Ownership and Equity Protection Act of 1994 (HOEPA) and New Chapter 343, Texas Finance Code, To Combat Predatory Lending Practices
Oct 2001 Preemption by Parity Act of New Texas Law Limiting Prepayment Penalties
Aug 2001 New High Cost Loan Disclosure September 1, 2001
Jan 2001 Rolling Prepaids in Texas Refis Revisited
Jan 2000 Document Preparation as Constituting the Unauthorized Practice of Law in Texas
Nov 1999 Understanding Federal Preemption of State Laws Restricting Prepayment Penalties Under the Parity Act
Aug 1999 Highlights of the New Texas Mortgage Broker License Act

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Texas Legislative & Judicial Updates

Date Subject
Aug 2017 2017 Texas Legislative Update
Sep 2015 2015 Texas Legislative Update
Sep 2013 2013 Texas Legislative Update
Aug 2011 2011 Texas Legislative Update
Aug 2009 2009 Texas Legislative Update
Jul 2007 2007 Texas Legislative Update
Sep 2005 2005 Texas Legislative Update
Jun 2003 2003 Texas Legislative Update 
Aug 2001 2001 Texas Legislative Update

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Federal Housing Law & Regulations

Date Subject
Jun 2013 HPML Escrow Accounts
Dec 2012 The Looming Regulatory Cliff — Overview of New Dodd-Frank Regulations Proposed by the Consumer Financial Protection Bureau
May 2012 Dodd-Frank Act Mandates a Mound of New Mortgage Regulations Over the Next 12-24 Months
Sep 2010 New Fed Rule Adopted to Regulate Compensation Practices of Mortgage Brokers and Other Loan Originators Effective April 1, 2011
Sep 2010 Understanding the 2010 Federal Good Faith Estimate (GFE) Disclosure Rules
Jul 2010 Dodd-Frank Establishes a New Bureau of Consumer Financial Protection to Regulate the Offering and Provision of Financial Products and Services Effective July 21, 2011
Jul 2009 Understanding the New Truth in Lending Act Disclosure Rules Effective July 30th
Apr 2009

New Home Valuation Code of Conduct Adopted by Fannie Mae and Freddie Mac Puts Teeth into Prohibitions Against Coercion or Improper Influencing of Property Appraisers

Exhibit A

Mar 2009 Update on New Truth in Lending Act Regulations Effective October 1, 2009
Nov 2008 The Federal Reserve Board Adopts Comprehensive New Truth in Lending Act Regulations Targeting Abusive Lending Practices in Underwriting, Closing and Servicing of Subprime and Other Home Mortgage Loans.
Jun 2008 Our Comment in Opposition to HUD’s Proposed Rule on the Good Faith Estimate, Closing Script, and Mortgage Broker Compensation Disclosures.
Jun 2008 Our Comment in Opposition to HUD’s Proposed Rule on the Definition of “Required Use”
May 2008 Overview: Bold New Proposed RESPA and TILA Regulation
Jan 2003 HMDA Regulations
Nov 2002 HUD Rushes RESPA Reform. Closes Comment Period.
Oct 2002 OTS Regulations Amended to Eliminate Authority of State Housing Creditors under the Parity Act to Override States Laws Regulating Prepayment Penalties and Late Charges; Texas Law Restricting Prepayment Penalties to be Fully Enforceable Against State Housing Creditors Effective January 1, 2003
Sep 2002 Culpepper III Overruled! YSPs Legality Settled!
Dec 2001 A RESPA Compliance Strategy for Compensating Mortgage Brokers through Payment of Yield Spread Premiums in the Aftermath of Culpepper and HUD's Statement of Policy 2001-1
Oct 2001 Mortgage Servicer's Duties During War on Terrorism
Nov 2000 New Financial Privacy Rules Mandatory July 1, 2001
Mar 2000 The Homebuilder and Real Estate Agent as Loan Originator Under RESPA, Section 8
Aug 1999 Understanding the New Federal PMI Cancellation Laws
Apr 1999 Compensating Mortgage Brokers Under New HUD Guidelines
Mar 1999 HUD rules lender-paid compensation to mortgage brokers not illegal per se. Legality depends on two-part reasonableness test for services performed or goods furnished
Jan 1999 PMI Cancellation Bill Signed Into Law

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