The owner of the homestead and the lender must sign a written acknowledgment as to the fair market value of the homestead property on the date the extension of credit is made. (1) For purposes of Section 50(a)(6)(Q)(ix), the phrase "on the date the extension of credit is made" modifies only the immediately preceding phrase "the fair market value of the homestead property," in accordance with the doctrine of last antecedent.
(2) A lender may sign the written acknowledgment before or at closing.
(3) An authorized agent may sign the written acknowledgment on behalf of the lender
(4) The owner and lender may sign the written acknowledgment electronically in accordance with state and federal law governing electronic signatures and delivery of electronic documents. The UETA and the E-Sign Act include requirements for electronic signatures and delivery.
Source Note: The provisions of this §153.26 adopted to be effective November 26, 2020, 45 TexReg 8307; amended to be effective January 6, 2022, 46 TexReg 9240
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