Texas Estates Code 1352.054 – Hearing; Requirements to Mortgage Minor’s Interest
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(a) On receipt of an application under this subchapter, the court shall set the application for hearing on a date not earlier than the fifth day after the date the application is filed.
(b) The court may cause citation to be issued if the court considers citation necessary.
Terms Used In Texas Estates Code 1352.054
- 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 - Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- 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 - Surety: includes a personal surety and a corporate surety. See Texas Estates Code 22.032
(c) At the time of the hearing, the court, on approval of the surety bond required by § 1352.055, shall authorize the parent or managing conservator to receive the extension of credit sought in the application if the court is satisfied from a preponderance of the evidence that the encumbrance is:
(1) for a purpose described by § 1352.056(1) or (2); and
(2) in the minor‘s best interests.