Is there a requirement, found elsewhere than in the constitution, that the borrower must receive copies of ALL documents related to a lien on the homestead prior to closing?

The constitution mandates only, that a copy of the application, if not previously provided, and an itemized statement of the fees/charges to be collected at closing (the Closing Disclosure) must be provided one day in advance.

Closing disclosure on closed-end and typically a copy of the HELOC account agreement, as the open-end disclosures are usually incorporated into that document. It is not all documents.


Texas Administrative Code

TITLE 7 BANKING AND SECURITIES
PART 8 JOINT FINANCIAL REGULATORY AGENCIES
CHAPTER 153 HOME EQUITY LENDING
RULE §153.13 Preclosing Disclosures: Section 50(a)(6)(M)(ii)

An equity loan may not be closed before one business day after the date that the owner of the homestead receives a copy of the loan application, if not previously provided, and a final itemized disclosure of the actual fees, points, interest, costs, and charges that will be charged at closing. If a bona fide emergency or another good cause exists and the lender obtains the written consent of the owner, the lender may provide the preclosing disclosure to the owner or the lender may modify the previously provided preclosing disclosure on the date of closing.

(1) For purposes of this section, the "preclosing disclosure" consists of a copy of the loan application, if not previously provided, and a final itemized disclosure of the actual fees, points, interest, costs, and charges that will be charged at closing.

(2) The copy of the loan application submitted to the owner in satisfaction of the preclosing disclosure requirement must be the most current version at the time the document is delivered. The lender is not obligated to provide another copy of the loan application if the only difference from the version previously provided to the owner is formatting. The lender is not obligated to give another copy of the loan application if the information contained on the more recent application is the same as that contained on the application of which the owner has a copy.

(3) The lender must deliver to the owner a final itemized disclosure of the actual fees, points, interest, costs, and charges that will be charged at closing.

(A) For a closed-end equity loan, the lender may satisfy this requirement by delivering a properly completed closing disclosure under Regulation Z, 12 C.F.R. §1026.19(f) and §1026.38.

(B) For a home equity line of credit, the lender may satisfy this requirement by delivering properly completed account-opening disclosures under Regulation Z, 12 C.F.R. §1026.6(a).

This is not to be confused with 153.22 at closing:

At closing, the lender must provide the owner with a copy of the final loan application and all executed documents that are signed by the owner at closing in connection with the equity loan. One copy of these documents may be provided to married owners. This requirement does not obligate the lender to give the owner copies of documents that were signed by the owner prior to or after closing.

Thanks, Randy. I had lender insisting that all of the loan documents have to be provided prior to closing. The constitution is the only requirement I know about....just making sure I am not missing something.