Where Agencies, the Courts, and the Legislature Collide: Ten Years of Interpreting the Texas Constitutional Provisions for Home Equity Lending
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Explores what has happened with home equity law and regulations over the past ten years. A recurring theme has been, and remains, the legal tension between the practical necessity for administrative guidance and the vulnerability of agency interpretations to judicial challenges. After examining the development of constitutional home equity authorization and restrictions, this article highlights current unresolved issues in home equity lending. Finally, the article considers the Texas home equity borrower protections in light of the subprime mortgage problems and high foreclosure rates dominating today's financial news.