TX Cash Out -A6. / Refi - Newbie Question

Hi! I am a TX Newbie with a question regarding TC.
How do you set up or complete a cash out when several TC state they do not sublease?

You don’t. You either need to keep looking until you find a Title Company or Attorney’s office who is willing to help you, or you let hiring party know you have not found anyone willing to accommodate this and let them find a place for you to sign. Sadly, what will probably happen is hiring party will find another notary who already has the connections.

Whatever you do, do not let them talk you into “just go and get it done”… you know it’s against your state laws so just keep working those local offices til you find someone willing to help - or you wear them down enough to finally say “OKAY!!” :smiley:

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LindaH-FL, understood and yes I understand Texas laws. I do have an Attorney ofc and provide SS with my available location. I’m looking to gain relationships with more TC and RE. Thanks for taking the time to respond.

Okay, my apologies. I responded to what you posted - i.e. you’re new and wanted info on how to get this in place.

My apologies.

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No need to apologize. Your response was informative and received. I asked because I needed to understand and know this is the process in asking TC/Attorney to help.:thinking: maybe I did not phase my question right. Again I appreciate your helpful insight and will continue to work on my locals. Thank you.

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What is required for a Texas Cash Out A6? I just got assigned one for here in Ohio. What is expected of me for it?

If I were you I’d check with your hiring party -the requirements for these are not TX notary law - they are State of Texas Statutes and Regulations. Have your hiring party clear this so it is compliant. I, personally, would be very hesitant to complete one knowing what’s required, but that’s just me.

Thank you. That’s exactly what I did and I’m waiting for them to call me back. I have an office and secretarial staff. I could have their signed copies done at the office and give it to them there if they came to my office but the SS has me going to their home, which I don’t understand.

But are you an attorney or a title office…that’s the requirement too.

Wish I could be more help on this - maybe look up the Texas Regulation. If I’m not mistaken, there’s a link on the NNA website for this regulation under their section on state restrictions.

Good luck

I had a similar transaction from TX. Wow was it heavy in legal documents, such as indemnifications and just signing all these legal forms including that title is represented by lawyers and those lawyers forms. Of course I didn’t advise them and luckily they knew exactly what they were doing so it was a straight forward appointment. Also lots of notarizing. Some of the notary certificates were not compliant to WA certificates. We must always have state and county SS which was missing in the some of notary certificate (lawyer docs are always in a messy condition compared to escrow docs). I’d attach my own oath certificates. The ones with the SS on top of the page was fine as long as it’s all one one document but missing SS was a no no. Everything was a swear on oath pretty much no acknowledgments. I had a lawyer directly email me a package before for an out of state investment also messy and notary areas all messed up. Lawyers are the worst to work with in real estate in my opinion.

I think they have to be signed in a law office or escrow if they’re under TX jurisdiction (or attorney state), in WA there are no requirements for this on loan closings to take place in a law firm or escrow.

I’ve also had a law firm ask me to work for them with mobile services for their legal docs but they couldn’t always be there so they asked if I can notarize their signatures without them all there I said no my journal needs to be signed and I can only notarize who is present. I mean I could drive to the different locations to get signatures if they all couldn’t be at the same place at once.

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So I looked it up and I see what you’re talking about here. Any person taking an acknowledgement for a debt other than at the offices of an attorney or title company would not get around the TX Homestead law. However, it doesn’t give specific language that the attorney or title company has to be licensed to practice in TX.

I’m still waiting for the SS to get back to me but I do have a number of attorneys and title companies in my building that may be able to accommodate me for this if it’s just a signature line for them. If it is anything like what Irina was stating where the attorneys have to draft the documents then I may have to refuse this assignment.

Update- SS got back to me and said they made a mistake calling it a TX Cash Out (A6) and said that’s it’s a regular refi. However, this was a good lesson for me so I know that I should never get an assignment for this type of refi.

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So why can you do a regular refinance and not this type of transaction in TX?

It turns out the property is here in Ohio, not TX. But if it were in TX, then under the Real Estate codes, any debt (i.e. refinance) of Real Estate has to ‘close’ through either a licensed attorney or a licensed title agency in order for the lender to be able to exercise their option to seize the property should the signer(s) default on the loan. In other words, if an NSA did the closing, then the signer(s) could activate their Homestead rights and avoid any seizure of the property even if they default on the loan. In short, the signers would be getting an unsecured loan.

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Update- I just had my first signing for a TX purchase and now understand how the process works. There were a lot of the attorney’s documents in the package with their fees and with a document for the signers to sign that those attorneys are their attorneys. With that in the package, a notary can go to the property and close. After reading that TX law, I was wondering how the TX notaries were doing their closings and now I know. :slight_smile:

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Thanks for the update! Now I’m wondering if TX packages will have a lot more paperwork with additional papers from the attorneys.

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