The protection of the homestead against forced sale by creditors in Texas is incorporated into the State’s Constitution and is central to its lending laws. Article XVI, Section 50 of the Texas Constitution “has long protected the homestead, strictly limiting the types of loans that may be secured by a homestead lien.” Wood v. HSBC Bank USA, 505 S.W.3d 542, 545 (Tex. 2016). It provides that “[n]o mortgage, trust deed, or other lien on the homestead shall ever be valid unless it secures a debt described by this section, whether such mortgage, trust deed, or other lien, shall have been created by the owner alone, or together with his or her spouse, in case the owner is married.” TEX. CONST. art. XVI, § 50(c).

 

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