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Home equity brochure Office of Consumer Credit Commissioner Home Equity Loans in Texas: Frequently Asked Questions Printer-friendly PDF version What is a home equity loan? How much can I borrow? Why can't I borrow against more than 80% of the home's value? How are home equity loan interest rates determined? What other costs are involved? What if I feel a lender has overcharged me on closing costs? Are there different kinds of home equity loans? Can I set up a line of credit with my home equity? How can I use the money? What if I change my mind? How many home equity loans can I have? Why do I have to wait a year to refinance a home equity loan? Could a lender foreclose on my home if I'm late paying on a car loan or a credit card? What else should I know? What are some other helpful resources? Top of Page What is a home equity loan? A home equity loan is a financial product that allows a borrower to use the market value of a home as collateral for a loan. Loans secured by real estate generally are considered safer by lenders, resulting in lower interest rates than for other types of loans. Equity is easily calculated by subtracting the amount owed on the home from the current market value. For example, if a house with a market value of $100,000 has an outstanding mortgage of $30,000, the homeowner has equity of $70,000. If there were no mortgage or other type of lien on the house, the homeowner would have $100,000 in equity. Top of Page How much can I borrow? Through home equity loans, Texans can borrow money using up to 80% of the value of their homes as collateral. Consider the example of a home valued at $100,000 with an outstanding mortgage debt of $30,000 and $70,000 worth of equity. Because homeowners are limited to borrowing no more than 80% of the home's value, the homeowner would simply calculate 80% of $100,000 ($80,000) and then subtract $30,000 to arrive at a maximum loan amount of $50,000. Total mortgage debt, including the amount of any existing mortgages plus the projected home equity lien, cannot exceed 80% of the home's current fair market value. Homeowners with 20% or less equity in their homes are not eligible for home equity loans. Top of Page Why can't I borrow against more than 80% of the home's value? Texans voted to limit the loan amount to 80% to help prevent overextensions of credit and protect our economy during times of economic slowdown. Top of Page How are home equity loan interest rates determined? Market competition and conditions determine the rates in general; the borrower's own credit history will further affect the rate offered. Home equity loans usually have lower interest rates than do other types of consumer loans, such as loans secured by personal property or loans secured simply by a borrower's signature (unsecured loans). First mortgages (the primary loan on a house) generally have the lowest interest rates. As with any financial arrangement, you should shop around to find the best deal. In the Consumer Assistance section of our Web site are links to some handy online calculators that will help you compare loan programs. Top of Page What other costs are involved? Lenders can charge certain fees, usually called closing costs, in addition to interest. On a home equity loan, closing costs cannot exceed three percent (3%) of the principal amount borrowed. Prepaid interest, also known as points, is not subject to the 3% cap. Top of Page What if I feel a lender has overcharged me on closing costs? As a savvy consumer, you should always carefully examine a loan agreement before signing it. Have the lender thoroughly explain the contract's fee structure; you'll discover that any points you've purchased are not considered part of the fee amount subject to the three percent limitation. If a lender has overcharged you, you must give the lender a chance to correct the mistake (called curing the loan) before you can take legal action against them. You need to send a written request to the lender specifying the error so that the lender can issue a corrected loan agreement and refund any amounts due. For more information on this process, contact our Consumer Helpline at 800.538.1579 or send your questions to us via e-mail . Top of Page Are there different kinds of home equity loans? No, but a home equity loan can hold either first lien or junior lien (often called second) position. If you own your home outright and take out a home equity loan, it will be considered a first mortgage because it is first in line to receive payment if the home is sold or a borrower defaults. If you refinance an existing first mortgage, and pledge some of your equity to receive cash in hand, you will still have just one-but larger-first mortgage. In this loan, generally called a cash out re-fi, the dollar difference between the original mortgage and the refinanced mortgage is the home equity loan amount. A secondary mortgage is a loan secured by a house that already has at least one other mortgage or lien. Taking out a home equity loan in addition to a first mortgage places a second lien against the home. The law prohibits a homeowner from having more than one home equity loan at a time, although a homeowner may have secondary liens from other sources, such as a home improvement loan or a tax lien. Top of Page Can I set up a line of credit with my home equity? As of September 2003, Texans can establish lines of credit using up to 50% of the value of their homes as collateral (as opposed to the 80% allowed on standard loans). Top of Page How can I use the money? However you choose. There are no legal restrictions regarding how you use your loan proceeds. Top of Page What if I change my mind? The law requires a 12-day waiting period from the time an application is taken AND a legally mandated written consumer rights notice is given to the borrower. For example, if a potential borrower submits an application on Monday, but doesn't receive a copy of the consumer rights notice until Wednesday, then the 12-day countdown would begin on Wednesday. The 12-day period is measured in calendar days (rather than business days) per the Home Equity Commentary issued by this office. Once the waiting period has passed, the loan can be closed. Further, the homeowner or homeowner's spouse may still cancel the loan agreement without penalty within three days after closing. Top of Page How many home equity loans can I have? A borrower may have only one equity loan at a time. Furthermore, it cannot be refinanced more frequently than once a year. Because of this limitation, it is crucial to shop for the best terms among lenders. It is also important, as in any credit transaction, to compare the total costs of a home equity loan to other types of credit available to the consumer. For example, a borrower might not face a prepayment penalty for early payoff of a home equity loan. However, if the loan is paid off early, a home equity loan could end up being more expensive than an unsecured loan with a higher interest rate if you paid closing costs and points. To better determine the best solution to your situation, see the financial calculators in the Consumer Assistance section of our Web site for help crunching the numbers. Top of Page Why do I have to wait a year to refinance a home equity loan? Texas voters placed this provision in the Texas Constitution as a consumer protection. Because closing costs and points are collected each time a mortgage loan is closed, generally it's not a good idea to refinance often. Top of Page Could a lender foreclose on my home if I'm late paying on a car loan or a credit card? On a standard car loan, the car itself is the collateral, and Texas law prohibits using a person's homestead as additional collateral on the same loan. However, if a homeowner decides to take out a home equity loan to pay off credit card debts or buy a car, the home is then collateral for the home equity loan and can be foreclosed on if the homeowner does not make payments on time. Top of Page What else should I know? It's always a sound practice to shop around for a loan, but don't fill out any applications until you've picked the company you definitely want to work with. Filling out too many applications may unduly harm your credit report. Before you sign on the dotted line, find out what kind of experience other consumers have had with your potential lenders. Check out lenders with the Better Business Bureau . The Office of Consumer Credit Commissioner regulates certain home equity lenders and offers a Consumer Helpline for credit-related questions at 800.538.1579. We can let you know about consumer complaints we have on file. To get more information about home equity issues or to request lender complaint files, visit our Consumer Assistance page. Other Helpful Resources Texas Office of the Attorney General Consumer Protection Hotline: 800.252.8011 Federal Trade Commission Consumer Response Center: 877.382.4357 U.S. Dept. of Housing & Urban Development Main number: 202.708.1112 State of Texas / TRAIL (Texas Records and Information Locator) Texas Finance Commission / Department of Information Resources Sunset Advisory Commission / Privacy Policy Open Records Requests En Español

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Australian Investment Properties ... Many of Australias Best - Right Here! Click on the photograph of the property you wish to view. Scroll down to view all of the properties. 250E Luxury apartments due to be completed November 2002: Melbourne CBD, Victoria. Singularly the most centrally located CBD residential property in Melbourne is 250e. Absolute CBD. Right in the heart of the city, it is absolute CBD. There is no other property that can touch it for location and potential investment value. new Arcadia Grove Stage 1 Townhouses and Apartments due to be completed July 2003: East Hawthorn, Victoria. Arcadia Grove offers brand new homes with all features Hawthorn lovers love best. Beautiful garden townhouses and apartments of 1, 2 and 3 bedrooms, are set among leafy streets that lead into a central urban oasis of parkland. Boulevard 610 Luxury apartments due to be completed June 2002: Melbourne, Victoria. From the tranquility of Albert Park Lake to the colour and excitement of St Kilda & Chapel Street, the Boulevard's spectacular location is at the centre of everything. new i.d. Luxury apartments due to be completed October 2003: Port Melbourne, Victoria. i.d. sees the redevelopment of the Joshua Brothers Distillery site in Port Melbourne. The apartments are designed around a courtyard space, with pool and recreation areas and a mix of landscaped surfaces, palms and lush planting. new Pacific International Apartments Melbourne Serviced apartments due to be completed January 2003: Melbourne, Victoria. Overlooking Collins Street and the Yarra, Pacific International Apartments, offers fully furnished and superbly decorated one and two bedroom hotel apartments and hotel suite apartments. Philadelphia Luxury Apartments now completed: Melbourne, Victoria. Located in the residential Golden Mile of Melbourne opposite the beautiful Treasury Gardens. Scala Luxury apartments due to be completed October 2002: Melbourne, Victoria. A sophisticated inner city apartment building, Scala Apartments, Lakeside offer stunning views and an exceptional level of refinement. With 107 apartments, Scala offers you the choice of 1, 2 or 3 bedrooms with some apartments incorporating a study. new Tribeca Luxury apartments due to be completed May 2005: East Melbourne, Victoria. Tribeca East Melbourne will be a development of unsurpassed quality, fusing contemporary architectural design with the existing heritage structures of the Victoria Brewery site. new Westway Apartments Luxury apartments due to be completed October 2003: Maribyrnong, Victoria. Westway offers 67 magnificent luxury style two and three bedroom apartments & townhouses only 5km from the CBD. Close to all amenities such as child care centres, shopping centres, Maribyrnong River, parklands and Universities, Westway is sure to create a lifestyle within its self. new Linc Stage 2 Luxury apartments due to be completed November 2003: Alexandria, New South Wales . Architecturally designed with a choice between live/work apartments, studios, one or two bedroom apartments, Linc is the perfect location for easy living. Ellington Luxury apartments due to be completed August 2002: Tenneriffe, Queensland. Ellington comprises three separate buildings encircling extensive recreation areas and tree lined pedestrian walkways. Set amongst extensive landscaping, incorporating lap pool and barbecue areas, Ellington will provide a green oasis, a tranquil retreat shielding the residents from the hustle and bustle, yet still its just a few minutes from the heart of the action. Last Few Horizons Luxury apartments now completed: New Farm, Queensland. Overlooking the New Farm Park and Brisbane River, Horizons consists of twelve luxury ensuited apartments and two villa, executive residences. The development features a pool and B.B.Q area, north-facing and park views, has lift access to all levels, on-site management and massive entertainment balconies. new Alpha G Luxury apartments due to be completed February 2003: Waterloo, New South Wales. Alpha G is a unique development of 75 space age apartments which will be built on top of a futuristic commercial office space and modern showroom complex. The building features sun shading to the east and west, air conditioning, undercover parking and an entry level cafe. Apex Apartments Luxury apartments due to be completed September 2001: North Sydney, New South Wales. Located centrally in Berry Street North Sydney, Apex offers 77 luxury apartments with security undercover parking, swimming pool and gymnasium. Last Few Balmain Shores Stage 3 Luxury apartments due to be completed December 2002: Iron Cove, New South Wales. Idyllic environment with 340 metres of water frontage in the historic Balmain area, just four kilometres from the Sydney CBD. Balmain Shores Stage 4 Luxury Terraces Apartments due to be completed December 2002: Rozelle, New South Wales. Inspired by the historic architecture of the surrounding area, the final stage of Balmain Shores embraces the convenience and style of terrace living. These boutique buildings are no more than three storeys high and all apartments features balconies. new Garden Square Luxury apartments due to be completed February 2003: Chatswood CBD, New South Wales. Garden Square is a community orientated, environmentally sustainable, new development, occupying a prime position amongst the more traditional red roofed bungalows of Chatswood. An easy walk to Chatswoods many amenities and attractions, Garden Square comes with convenient access to trains, buses, schools and shops. King Street Wharf (Stage 2, North) Luxury Apartments due to be completed June 2002: Darling Harbour, New South Wales. King Street Wharf will be an exciting new waterfront district in Sydney. Formerly wharf 9 and 10 of a former maritime terminal in which Darling Harbour was known as Wharf 8. Stage 2 consists of the construction of twin residential towers (North and South) of Building 3, plus the balance of the waterfrontage retail and strata commercial element, Building 2. King Street Wharf (Stage 2, South) Luxury Apartments due to be completed June 2002: Darling Harbour, New South Wales. King Street Wharf will be an exciting new waterfront district in Sydney. Formerly wharf 9 and 10 of a former maritime terminal in which Darling Harbour was known as Wharf 8. Stage 2 consists of the construction of twin residential towers (North and South) of Building 3, plus the balance of the waterfrontage retail and strata commercial element, Building 2. new Linc - Stage 1 Luxury apartments due to be completed May 2003: Alexandria, New South Wales. Architecturally designed with a choice between live/work apartments, studios, one or two bedroom apartments, Linc is the perfect location for easy living. Last Few Linea Luxury apartments due to be completed December 2002: St Leonards, New South Wales. Brand new, contemporary apartments located amidst the vibrancy of St Leonards dynamic lifestyle attractions. Boasting smart design, captivating views and spacious, open living areas, Linea apartments offer the smooth integration of complete comfort and style. new Medina Classic Serviced apartments now completed: Sydney, New South Wales. Medina Classic Martin Place is ideally located in the heart of Sydneys vibrant CBD and shopping precinct, only one block north of Martin Place. The 49 studio and one bedroom apartments all have fully equipped kitchens and laundries. new Nexus Luxury apartments due to be completed July 2003: St Leonards, New South Wales. Rising through the St Leonards skyline, Nexus is an address where life meets style. Located between the transport hub of St Leonards and the cafe society of Crows Nest, convenience meets necessity in this central location. Pacific International Suites Parramatta Serviced apartments now completed: Parramatta, New South Wales. Fully furnished 4.5 star serviced apartments with a thirty year guaranteed return. new Proximity 1 and 2 Luxury apartments due to be completed June 2004: North Arncliffe, New South Wales. Only minutes from the Sydney CBD as well as beaches, parks and waterways, Proximity defines a new standard for contemporary residential communities. Each apartment offers views, space, parking and privacy, with ample room for individual style. new Proximity 3 Luxury apartments due to be completed June 2004: North Arncliffe, New South Wales. Only minutes from the Sydney CBD as well as beaches, parks and waterways, Proximity defines a new standard for contemporary residential communities. Each apartment offers views, space, parking and privacy, with ample room for individual style. new Quadrant Luxury apartments due to be completed July 2003: Broadway, New South Wales. Located only 1 km from Sydney CBD, Quadrant offers residential apartments featuring a blend of heritage and modern architecture. A vibrant central plaza forms the heart of the development, with restaurants and alfresco cafes in landscaped gardens featuring reflection pools. new State Apartments Luxury apartments due to be completed June 2003: Waitara, New South Wales. Located in the upper north shore suburb of Waitara, the State Apartments comprises 102 stylish and spacious one bedroom + study, two bedroom and three bedroom apartments, all featuring secure undercover parking, split system air conditioning and balconies. new Waitara Grand Apartments Luxury apartments due to be completed June 2003: Waitara, New South Wales. The Waitara Grand Apartments offer 136 luxury apartments over two towers in Sydneys upper northern suburb of Waitara. Waitara Grand features public parklands on two sides of the development and provides a private swimming pool, communal courtyard and secure undercover parking. Back to the Australia Financial Services Directory

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