I agree with KCGeoQueen that this sounds like a state law question. Your profile says you are located in Texas, Ice Man. If so, I advise you to seek the advice of legal counsel, or contact someone at the Texas Bankers Association. When it comes to real estate lending and Texas law, especially the homestead provisions of the Texas Constitution, you can't be too careful.
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"If you want to tell people the truth, make them laugh, otherwise they'll kill you." ~ Oscar Wilde