Sec. 1352.053.  APPLICATION; VENUE.  (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.
(b)  The application must contain:
(1)  the minor's name and address;
(2)  a legal description of the property constituting the homestead;
(3)  a description of the minor's ownership interest in the property constituting the homestead;
(4)  the fair market value of the property constituting the homestead;
(5)  the amount of the home equity loan;
(6)  the purpose or purposes for which the home equity loan is being sought;
(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
(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.
(c)  Venue for the application is the same as venue for an application for the appointment of a guardian for a minor.
Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.