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Cash-Out Refinance Requirements
- Credit Score: 620–640 minimum, higher scores get better rates
- Home Equity: Typically at least 20% remaining after cash-out
- Income: W-2, 1099, or self-employed tax returns
- Property: Must meet lender guidelines; appraisal required
- Documentation: ID, pay stubs, bank statements, tax returns
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What Is a Cash-Out Refinance?
A cash-out refinance allows homeowners to replace their existing mortgage with a larger loan and receive the difference in cash.
Under Texas Constitution Article XVI, Section 50(a)(6), you can
borrow up to 80% of your home's value while maintaining at least
20% equity.
Understanding Cash-Out Refinancing
A cash-out refinance essentially replaces your current mortgage with a new, larger loan.
The difference between your new loan amount and what you owed on your old mortgage (minus closing costs) comes to you as cash.
Think of it as converting the equity you've built up from a paper asset into liquid funds.
Here's an example:
You purchased your home five years ago for $300,000 with a $240,000 mortgage.
Today, your home is worth $400,000, and you've paid your loan balance down to $210,000.
With a cash-out refinance up to 80% loan-to-value, you could borrow $320,000.
After paying off your existing $210,000 mortgage and covering roughly $8,000 in closing costs, you'd receive approximately $102,000 in cash.
Texas Cash Out Refinance:
Texas Constitution Article XVI, Section 50(a)(6) governs cash-out refinances, classifying them as home equity loans subject to strict constitutional protections.
These rules emerged from Texas's historical commitment to protecting the family homestead, a principle dating back to the Republic of Texas era.
While most states allow lenders and borrowers to negotiate terms freely, Texas imposes mandatory consumer protections that override standard industry practices.
Hense, in Texas you're better protected against predatory lending, but you also face more restrictions on how and when you can access your equity.
Understanding these trade-offs helps you navigate the process more effectively.
What is the maximum cash-out refinance amount in Texas?
Texas law caps your total loan amount at 80% of your home's appraised value, also called the loan-to-value ratio or LTV.
This means you must maintain at least 20% equity in your property after the refinance closes.
If your home appraises for $500,000, the maximum you can borrow is $400,000, regardless of how much equity you actually have.
This 80% cap is more conservative than many other states, where lenders might approve cash-out refinances up to 90% or even 95% LTV.
How often can I do a cash-out refinance in Texas?
The Texas Constitution mandates a 12-month waiting period between cash-out refinances on the same property.
If you completed a cash-out refinance on January 15, 2024, you cannot do another one until January 15, 2025 at the earliest.
This waiting period protects homeowners from repeatedly tapping equity and potentially over-leveraging their property.
However, this restriction only applies to cash-out refinances specifically, you can still do a rate-and-term refinance (one that doesn't give you cash back) without waiting 12 months.
What are the credit requirements for a Texas cash-out refinance?
Most conventional lenders set a minimum credit score of 620 for cash-out refinances, though you'll need a score of 740 or higher to qualify for the best interest rates.
Borrowers with scores between 620 and 679 will typically pay higher rates, sometimes 0.5% to 1.0% more than those with excellent credit.
Some specialized lenders or government-backed programs may work with scores as low as 580 or even 500, but these options are extremely limited in Texas due to state restrictions on government-backed cash-out refinances.
Can I do an FHA or VA cash-out refinance in Texas?
No. This is one of the most important and frequently misunderstood aspects of Texas cash-out refinancing.
Texas law prohibits cash-out refinances on government-backed loans including FHA, VA, and USDA mortgages.
If you currently have an FHA or VA loan and want to access your equity through a cash-out refinance, you must convert to a conventional loan, which typically requires a higher credit score, larger down payment equity, and private mortgage insurance if you're borrowing more than 80% LTV.
Alternatively, you could consider a traditional home equity loan (second lien) instead, though this means carrying two separate mortgage payments.
What is the 12-day rule for Texas cash-out refinancing?
Texas requires a mandatory 12-day cooling-off period between when you submit your loan application and when you can close on the refinance.
This isn't 12 business days, it's 12 calendar days, including weekends and holidays.
The law requires lenders to provide you with specific disclosures within seven days of application, and you cannot close until at least 12 days have passed from the application date.
This waiting period gives you time to review loan terms, compare offers from other lenders, consult with family or financial advisors, and change your mind without penalty if you decide refinancing isn't right for you.
How much are closing costs on a Texas cash-out refinance?
Closing costs typically range from 2% to 5% of your new loan amount.
On a $300,000 refinance, expect to pay between $6,000 and $15,000 in closing costs.
These expenses include appraisal fees ($400-$600), title insurance and title search ($1,000-$3,000), origination or processing fees (0.5%-1% of loan amount), credit report fees ($25-$50 per borrower), recording fees ($50-$250), survey fees if required ($300-$500), and prepaid items like property taxes and insurance.
Texas law caps certain fees that lenders can charge, providing additional consumer protection beyond federal regulations.
What can I use cash-out refinance money for?
Unlike some financial products with usage restrictions, cash-out refinance proceeds can be used for virtually any legal purpose.
Common uses include home improvements and renovations, high-interest debt consolidation, college tuition or education expenses, medical bills, business startup costs, investment property down payments, building an emergency fund, wedding expenses, or simply having extra liquidity for peace of mind.
There are no restrictions, and your lender cannot dictate how you use the funds.
However, keep in mind that using the money for home improvements may qualify you for mortgage interest tax deductions, while other uses may not.
Texas Cash-Out Refinance vs. Home Equity Loan: Which Is Right for You?
Many Texas homeowners get confused about the difference between a cash-out refinance and a home equity loan.
Both allow you to access your equity, but they work very differently and make sense in different situations.
Cash-Out Refinance replaces your entire existing mortgage with a new, larger loan.
- You get one monthly payment that combines principal, interest, taxes, and insurance.
- Interest rates typically run 0.25% to 0.50% higher than standard rate-and-term refinances.
- Closing costs range from 2% to 5% of the loan amount. Expect $6,000 to $15,000 on a $300,000 refinance.
- You can borrow up to 80% of your home's value and choose between fixed or adjustable rates.
- There are no prepayment penalties in Texas.
Home Equity Loan creates a second lien on your property while keeping your original mortgage intact.
- You'll make two separate monthly payments, one for your first mortgage and one for the home equity loan.
- Interest rates are usually 1% to 2% higher than first mortgage rates.
- Closing costs are lower, typically 1% to 3% of the loan amount, around $3,000 to $9,000 on a $100,000 loan.
- You can borrow up to 80% combined loan-to-value (meaning your first mortgage plus the home equity loan can't exceed 80% of your home's value).
- These are almost always fixed-rate loans with no prepayment penalties in Texas.
Both options offer the same tax treatment, mortgage interest may be deductible if you use the funds for substantial home improvements, though this depends on your individual tax situation.
When a Cash-Out Refinance Makes More Sense?
Choose a cash-out refinance if:
- your
current mortgage rate is higher than prevailing market rates (you'll save money while accessing cash),
- you want the simplicity of a
single monthly payment instead of juggling two,
- you're planning to use the funds for a
major expense like a full home renovation,
- you have
excellent credit and can qualify for competitive rates,
- or you want to extend your loan term to lower your monthly payment even though you'll pay more interest long-term.
When a Home Equity Loan Is Better?
Consider a home equity loan instead if:
- your
current mortgage has an
excellent interest rate that you don't want to give up,
- you only need a relatively
small amount of cash,
- you want to
avoid the higher closing costs of a full refinance,
- you prefer to keep your first mortgage
separate from your equity borrowing,
- or you plan to pay off the loan quickly and want a shorter term option.
Eligibility Requirements for Texas Cash-Out Refinance 2025
Not every homeowner qualifies for a Texas 50(a)(6) cash-out refinance. Here's exactly what lenders require:
Property Requirements
Your property must be your primary residence, the home where you actually live for the majority of the year.
Investment properties, rental homes, and second homes do not qualify for Texas constitutional cash-out refinances.
The property must be located in Texas and classified as a homestead for property tax purposes.
Ownership and Timing Requirements
If you've previously done a cash-out refinance on the property, you must wait a full 12 months before doing another one.
There's no waiting period if this is your first cash-out refinance or if your previous refinance was a rate-and-term refi without cash back.
All owners listed on the property title must consent to and sign the loan documents.
Equity Requirements
You must have at least 20% equity remaining after the refinance closes.
This means your new loan cannot exceed 80% of the home's current appraised value.
If you owe $250,000 and your home appraises for $300,000, you only have $50,000 in equity (17%), which isn't enough to do a cash-out refinance under Texas law.
Credit Requirements
Minimum credit score of 620 for most conventional lenders, though 680+ is preferred and 740+ gets you the best rates.
Clean payment history on your current mortgage, preferably with no late payments in the past 12 months.
Limited recent delinquencies on other credit accounts.
Resolved or explained any bankruptcies, foreclosures, or short sales per lender waiting period requirements.
Income and Debt Requirements
Debt-to-income ratio typically must be 43% or lower, though some lenders allow up to 50% with compensating factors like excellent credit or significant reserves.
Stable, verifiable income for at least two years in the same field or industry.
Sufficient income to cover the new mortgage payment plus all other monthly obligations.
Documentation includes recent pay stubs, W-2s or 1099s, two years of tax returns, and bank statements showing reserves.
Documentation Checklist
Before you apply, gather these documents to speed up the process:
government-issued photo ID, Social Security card or verification, two most recent pay stubs,
two years of W-2s or 1099s, two years of complete tax returns with all schedules, two months of bank statements for all accounts,
current mortgage statement,
homeowners insurance declaration page, HOA information if applicable,
and explanation letters for any credit issues, employment gaps, or large deposits.
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Cash Out Refinance FAQs
Whether you're curious about the process, eligibility, or specific details, explore our FAQs to find all your answers.
What is cash-out refinancing?
Cash-out refinancing is a type of mortgage where you refinance your existing home loan for more than you owe and take the difference in cash.
This allows you to tap into the equity built up in your home to access funds for various purposes.
How does cash-out refinancing differ from a traditional refinance?
Traditional refinancing replaces your existing mortgage with a new one, typically at a lower interest rate, without accessing additional funds.
Cash-out refinancing, on the other hand, involves borrowing more than your current mortgage balance and receiving the extra amount as cash.
Does Texas allow cash-out refinancing?
Yes, Texas permits cash-out refinancing, but the process is governed by more stringent regulations than in many other states.
These rules are designed to protect homeowners and ensure they do not overextend themselves financially.
Who is eligible for a cash-out refinance in Texas?
To be eligible, you generally need:
- A minimum credit score of 620.
- A maximum debt-to-income (DTI) ratio of 43%.
- At least 20% equity in your home.
- Proof of consistent income and employment.
What are the specific regulations for cash-out refinancing in Texas?
Key regulations include:
- The loan-to-value (LTV) ratio must not exceed 80%, meaning you can only borrow up to 80% of your home's appraised value.
- Closing costs are capped at 2% of the loan amount.
- You must have at least 20% equity in your home to qualify.
- All existing second liens or mortgages must be paid off with the cash-out refinance.
- The property must be your primary residence; cash-out refinancing is not allowed on investment properties or second homes.
- A six-month seasoning period is required, meaning your current mortgage must be at least six months old.
- Only one cash-out refinance is allowed per year.
Can I refinance my FHA or VA loan with a cash-out refinance in Texas?
No, FHA and VA loans are generally not eligible for cash-out refinancing under Texas law. However, FHA and VA borrowers may have other refinancing options available.
What can I use the cash from a cash-out refinance for?
The cash can be used for a variety of purposes, including home improvements, debt consolidation, paying for college tuition, or covering significant life expenses.
There are no restrictions on how you use the funds.
How much cash can I take out with a Texas cash-out refinance?
You can take out up to 80% of your home’s appraised value, minus the amount you still owe on your mortgage.
For example, if your home is worth $300,000 and you owe $150,000, you could potentially take out up to $90,000 in cash ($300,000 x 80% - $150,000).
How long does the cash-out refinance process take in Texas?
The process typically takes 30 to 45 days, depending on the lender and your individual circumstances.
This includes the time needed for appraisal, underwriting, and closing.
What is the 2% fee rule in Texas and what are the costs associated with cash out refinance?
Common costs include origination fees, appraisal fees, title insurance, and closing costs, which are capped at 2% of the loan amount in Texas. These costs can often be rolled into the new loan.
State-specific rules surrounding cash-out refinancing limit the amount that lenders can charge in closing costs to 2%.
Are there any tax implications for a cash-out refinance in Texas?
Interest on the cash-out portion of the loan may not be tax-deductible unless it is used for home improvements. It’s advisable to consult a tax professional for specific guidance based on your situation.
Can I combine a cash-out refinance with other home equity loans in Texas?
No, once you have a cash-out refinance in place, you cannot take out a Home Equity Loan (HEL) or Home Equity Line of Credit (HELOC) on the same property in Texas.
What happens if I’ve had a foreclosure, bankruptcy, or short sale?
If you have experienced foreclosure, bankruptcy, or short sale, you may face a waiting period before you are eligible for cash-out refinancing.
The length of the waiting period varies depending on the lender and the nature of the financial event.
What happens if my home’s value decreases after a cash-out refinance?
If your home’s value decreases, you could owe more on your mortgage than the property is worth, leading to negative equity.
This situation, known as being "underwater," can limit your ability to refinance or sell your home without incurring a loss.
What is homestead protection, and how does it affect cash-out refinancing in Texas?
Homestead protection limits the amount you can borrow against your primary residence, capping the loan-to-value (LTV) ratio at 80%. This ensures you retain at least 20% equity after a cash-out refinance.
How does homestead protection impact second homes and investment properties?
Homestead protection applies only to your primary residence. Therefore, the rules for cash-out refinancing, including the 80% LTV cap, are specific to homestead properties.
Second homes and investment properties are not subject to these homestead protections, allowing for more flexibility in refinancing, but they also do not benefit from the same legal safeguards.
What are the seasoning period requirements for cash-out refinancing in Texas?
Texas has two key seasoning requirements for cash-out refinancing:
- Six-month seasoning: Your existing mortgage must be at least six months old before you can apply for a cash-out refinance.
- Twelve-month seasoning: After completing a cash-out refinance, you must wait 12 months before being eligible for another one on the same property.
Are there exceptions to the 12-month seasoning period?
No, the 12-month seasoning period is strictly enforced in Texas with no exceptions.
Will taking cash from your home’s equity affect your taxes?
Accessing cash from your home’s equity through a cash-out refinance may have tax implications.
The cash itself isn’t taxable because it's considered a loan, not income. However, tax deductions on the interest may apply depending on how the cash is used.
Always consult a tax advisor for advice tailored to your situation.
Is the cash from a cash-out refinance taxable?
No, the cash you receive from a cash-out refinance is not taxable. The IRS views this money as a loan that you must repay, not as income.
Depending on your situation, there could be tax benefits, especially if the funds are used for home improvements.
Can you get a tax deduction from a cash-out refinance?
You may be able to deduct interest on your original loan balance, but the interest on the additional cash-out portion may only be deductible if the funds are used for specific purposes, like home improvements.
For the tax years 2018 through 2025, interest paid on funds used for personal expenses, such as paying off credit card debt, is not deductible.
How does deducting mortgage interest from taxes work?
Generally, you can deduct interest on mortgage balances up to $750,000 if you file as single or jointly.
If married and filing separately, the limit is $375,000 per person. Points paid to secure a cash-out refinance may also be deductible.
For more detailed information, refer to IRS Publication 936 or consult your tax professional.
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