{"data":{"id":"us-tx/tex.-estates-code-1352.053","jurisdiction":"us-tx","citation":"Tex. Estates Code § 1352.053","heading":"APPLICATION; VENUE.","body":"(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.\n(b) The application must contain:\n(1) the minor's name and address;\n(2) a legal description of the property constituting the homestead;\n(3) a description of the minor's ownership interest in the property constituting the homestead;\n(4) the fair market value of the property constituting the homestead;\n(5) the amount of the home equity loan;\n(6) the purpose or purposes for which the home equity loan is being sought;\n(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\n(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.\n(c) Venue for the application is the same as venue for an application for the appointment of a guardian for a minor.\nAdded by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.","path":["ESTATES CODE","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"],"source_url":"https://statutes.capitol.texas.gov/Docs/ES/htm/ES.1352.htm#1352.053","current_through":"89th 2nd Called Legislative Session, 2025","vintage":"","retrieved_at":"2026-08-27T01:47:08Z","sha256":"319076928d06cbd2f7a03d8c1f394003491fd4b352ed2bfa83149061e0cc7ff9","source_id":"us-tx","stale":false,"prev":"us-tx/tex.-estates-code-1352.052","next":"us-tx/tex.-estates-code-1352.054"},"notice":"GroundRules: Original legal text. Not legal advice."}