I'm trying to do a cash-out refinance of a single-family rental in Texas. The property has been rented out for the last 4 years and I live in California. I'm being told by some conventional lenders that Texas doesn't allow cash-out refinancing of a rental if I don't own a primary residence in Texas. Something about Texas (a)(6) rules (?).
The issue is that only 2 out of 8 banks I've spoken to are aware of this, while the others can't confirm. I don't want to spend weeks in an application process if there's a chance that I'll run into this with underwriters at some point before close.
If you're familiar with this problem, I could definitely use your guidance.
Do you own a primary in California? If so, I know a lender who will do it but the property can't be in a rural area.
Hi @Robert Grant . Thanks for the response. I don't own any property in California. I'm renting currently. (I don't own any property outside of Texas).
@Nitin Dhiman Unless something has changed that I'm not aware of, there's no rule that you have to own a primary home in TX to cash out refi a rental in TX. In fact, the TX 50(a)6 rules don't even apply to a rental at all; they apply only to a refinance on a primary residence in TX where you're taking out cash or took out cash at some point in the past.
I would check with a few other lenders. It could be that you're running into a lender guideline overlay, which is when banks add their own guidelines on top of the standard Fannie Mae guidelines.
Hope this helps!
I think someone else asked a similar question before so do a search and see if you can find the answer. I also looked into this recently (last week) and wasn't told that I can't refi to cash out from my DFW property.
Let me know if you need to connect to someone.
Give Lisa Love at CMG Financial a call. She's out of Austin. She's been a great help and can probably tell you right away if this is the case. Else, she can relay the question to underwriting
TX 50(a)6 only applies to a homestead property here in Texas. You can definitely do a cash out refi on your investment property and not own a primary residence in Texas. The lender may have an overlay for some reason that won't allow it, but I've never heard of that sort of overlay. I've had out of state clients do cash outs many times. You may want to review these guidelines for eligibility as well...
Thanks everyone for your very helpful responses. @Justin Fox , I'll contact Lisa at CMG tomorrow. Thank you for the reference.
@Nitin Dhiman how did things turn out with CMG? I was told this by one company, and also want to get a competing offer from the other company I am working with?
@Nitin Dhiman I just spoke with Quicken Loans and the 50(a)6 rule does not apply to investment properties. QL does have a 6 month seasoning requirement though. Did you ever find a lender to do your cash out refi? I am looking for one now...
@Carol Kohn There is an exception to the 6 month seasoning called delayed financing. Look at the link I posted in this thread under delayed financing exception. I've done many of these over the last few years.
@Carol Kohn Yes, that is 100% accurate. If you're financing an investment property, the 50(a)6 rules don't apply. If you do move forward with a lender, you may find you need to be your own advocate when working with them to get your loan done. I financed an investment property in TX a few years back and the processor who worked on my loan had a very low understanding of the 50(a)6 rules. As a result, she tried to treat my loan as a 50(a)6, which would have a resulted in a few added headaches and a few additional paperwork requirements.
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