- May 16, 2019
- All Texas Issuing Offices
- UNDERWRITING - Homestead and Pretended Sale [Revised 5-16-19]
We have recently become aware of transactions involving the sale of homes with a lease back and option to repurchase to the seller. In some instances, they are being marketed as a means to allow the owners to sell their property but continue to live there and “release” the equity in the property without the need to obtain a traditional home equity loan. Whether or not the transaction is marketed in such a way, if the property is the homestead of the seller prior to the transaction it is our position that the transaction may be viewed as a pretended sale under Tex. Const. Art.16, §50(c) and is not insurable.
If you have any questions relating to this or other bulletins, please contact a Stewart Title Guaranty Company underwriter.
For on-line viewing of this and other bulletins, please log onto www.vuwriter.com.
THIS BULLETIN IS FURNISHED TO INFORM YOU OF CURRENT DEVELOPMENTS. AS A REMINDER, YOU ARE CHARGED WITH KNOWLEDGE OF THE CONTENT ON VIRTUAL UNDERWRITER AS IT EXISTS FROM TIME TO TIME AS IT APPLIES TO YOU, AS WELL AS ANY OTHER INSTRUCTIONS. OUR UNDERWRITING AGREEMENTS DO NOT AUTHORIZE OUR ISSUING AGENTS TO ENGAGE IN SETTLEMENTS OR CLOSINGS ON BEHALF OF STEWART TITLE GUARANTY COMPANY. THIS BULLETIN IS NOT INTENDED TO DIRECT YOUR ESCROW OR SETTLEMENT PRACTICES OR TO CHANGE PROVISIONS OF APPLICABLE UNDERWRITING AGREEMENTS. CONFIDENTIAL, PROPRIETARY, OR NONPUBLIC PERSONAL INFORMATION SHOULD NEVER BE SHARED OR DISSEMINATED EXCEPT AS ALLOWED BY LAW. IF APPLICABLE STATE LAW OR REGULATION IMPOSES ADDITIONAL REQUIREMENTS, YOU SHOULD CONTINUE TO COMPLY WITH THOSE REQUIREMENTS.
- Bulletins Replaced:
- Related Bulletins:
- TX000034 (1) Owelty Liens; (2) Federal Tax Liens; (3) Homestead Designations; and (4) Pretended Sales of Homestead
- Underwriting Manual:
- TX 8.08 Homestead
- Exceptions Manual: