Texas Estates Code 1352.052 – Authority to Mortgage Minor’s Interest Without Guardianship
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(a) If the net value of a minor‘s interest in a residence homestead does not exceed $250,000, a parent, subject to Subsection (b), or managing conservator of the minor may apply to the court under this subchapter for an order authorizing the parent or managing conservator to receive on the minor’s behalf, without being appointed guardian, an extension of credit that is secured wholly or partly by a lien on the homestead.
(b) A parent of a minor may file an application under this subchapter only if the parent has a homestead interest in the property that is the subject of the application.
Terms Used In Texas Estates Code 1352.052
- Court: means and includes:
(1) a county court in the exercise of its probate jurisdiction;
(2) a court created by statute and authorized to exercise original probate jurisdiction; and
(3) a district court exercising original probate jurisdiction in a contested matter. See Texas Estates Code 22.007 - Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Minor: means a person younger than 18 years of age who:
(1) has never been married; and
(2) has not had the disabilities of minority removed for general purposes. See Texas Estates Code 22.022 - Property: means real and personal property. See Texas Government Code 311.005