What Is a Home Equity Loan?
Start Your Home Equity Application Herring Bank · NMLS #415783 · No obligation
A home equity loan is a second mortgage that allows you to borrow a lump sum against the equity in your home at a fixed interest rate for a fixed term. Unlike a HELOC (which is a revolving line of credit), a home equity loan disburses the full amount at closing and has a set monthly payment for the life of the loan. It is simple to understand and budget for – your payment is fixed from day one.
In Texas, home equity loans are subject to the same constitutional restrictions as HELOCs: 80% CLTV maximum, one-loan rule (only one equity product at a time on your primary residence), 12-day waiting period, and 3-day rescission right. These rules apply to both programs equally.
Key Takeaways
- A home equity loan provides a lump sum at a fixed rate and fixed payment - simpler to budget than a HELOC.
- Texas home equity loans are subject to the same 80% CLTV cap and one-loan rule as HELOCs.
- Home equity loan rates run 7.5-10% currently - slightly higher than first mortgages due to second-lien risk.
- Home equity loans suit defined lump-sum needs; HELOCs suit ongoing or uncertain funding needs.
- Texas requires a 12-day waiting period and 3-day rescission right on all home equity products.
Home Equity Loans vs. HELOCs: The Core Distinction
A home equity loan and a Home Equity Line of Credit (HELOC) both use your home equity as collateral, but they’re structurally different products that serve different purposes. A home equity loan is a lump-sum, fixed-rate, fixed-term installment loan — you receive a single disbursement at closing, make equal monthly payments for a defined term (typically 5–30 years), and the rate doesn’t change. A HELOC is a revolving credit line with a variable rate — you can draw funds as needed up to your limit, repay, and draw again during the draw period.
The right choice between them depends on your use case: home equity loans are better for defined, one-time needs where you know exactly how much you need (paying off a specific debt, funding a kitchen renovation with a fixed contractor bid, covering a tax liability). HELOCs are better for ongoing or phased needs where you want flexible access over time (funding a multi-phase renovation as work is completed, creating an emergency reserve you may not use, managing variable cash flow situations in a business).
How a Home Equity Loan Works: Mechanics
A home equity loan is a second mortgage — a junior lien secured by your home behind your first mortgage. The lender calculates the maximum loan amount using your combined loan-to-value (CLTV): (first mortgage balance + new home equity loan amount) ÷ appraised value. Most lenders allow CLTV up to 85–90% of appraised value. In Texas, the constitutional ceiling for home equity debt on a primary residence is 80% CLTV — lower than what most national lenders would allow in other states.
Process: you apply with the same documentation as a primary mortgage (income verification, credit pull, employment history). The lender orders an appraisal to establish current value. Underwriting evaluates your credit (typically 620–680 minimum), DTI (including the new loan payment), and LTV. Closing follows with title work and a deed of trust recorded as a second lien. In Texas, the 12-day mandatory waiting period between disclosure and closing applies to all home equity loans on primary residences.
Rates: home equity loan rates are fixed for the term and typically run 0.5–1.5% higher than first mortgage rates for the same borrower, reflecting the junior lien risk. In 2025 market conditions, well-qualified borrowers (720+ FICO, CLTV below 75%) can find home equity loan rates in the 7.5–8.5% range for 10–20 year terms. Lower credit scores and higher CLTVs produce rates in the 9–11% range.
Texas Constitutional Framework for Home Equity Loans
Texas Article XVI, Section 50 governs all home equity lending on Texas primary residences (homesteads). The constitutional requirements that affect every Texas home equity loan:
80% CLTV ceiling: First mortgage + home equity loan cannot exceed 80% of current appraised value. No exceptions. On a $450,000 home with a $270,000 first mortgage: 80% × $450,000 = $360,000. Maximum home equity loan: $360,000 – $270,000 = $90,000.
12-day waiting period: You must receive specific constitutional disclosures at least 12 calendar days before closing. No exceptions, no waivers. This affects your timeline for any urgent funding need.
One-per-year restriction: Only one home equity transaction per 12-month period on the same Texas homestead. Closed a HELOC in February? You can’t close a home equity loan on the same property until March of the following year.
Non-recourse protection: Texas’s home equity lending constitutional provisions provide specific borrower protections including limitations on the lender’s remedies — notably, Texas home equity loans are non-recourse on the homestead, meaning if you default and the lender forecloses, they cannot pursue you personally for any deficiency beyond the property’s sale proceeds. This protection doesn’t apply in all states.
Lender obligation to cure defects: If a Texas home equity loan has constitutional or documentation defects, the lender may have obligations to cure those defects at no cost to the borrower if timely notice is given. Texas’s constitutional framework creates specific remedies for non-compliant home equity transactions that don’t exist in other states.
Uses That Justify Home Equity Loan Access
Home equity loans have legitimate uses that create positive expected value — and uses that create financial risk not justified by the benefit. The distinction is worth thinking through before accessing your home equity:
High-value uses: Home improvements that increase market value (kitchen remodel, bath renovation, additions, energy efficiency upgrades) are the most clearly justified — you’re converting equity from one form (financial) to another (physical improvements that increase the property’s value). Paying off high-rate unsecured debt (credit cards at 24% APR replaced with a home equity loan at 8.5%) reduces total interest cost significantly and can improve monthly cash flow, though it converts unsecured to secured debt, which has different risk implications. Funding education or professional development with clear ROI in future earning capacity is defensible.
Problematic uses: Funding consumer spending, vacations, or purchases that don’t generate financial return converts secured home equity into short-term consumption. If you default on a credit card, your credit is damaged. If you default on a home equity loan in Texas, you lose your home. The collateral change matters. Using home equity for routine living expenses suggests a deeper cash flow issue that the loan doesn’t solve — it defers the problem while adding debt that is now secured by your most important asset.
Qualification Requirements and Documentation
Home equity loan qualification uses the same framework as first mortgage underwriting:
- Credit score: 620 minimum at most lenders; 680+ for competitive rates; 720+ for best rates and maximum LTV
- DTI: All current debt obligations plus the new home equity loan payment ÷ gross monthly income. Most lenders require combined DTI at or below 43–45%. The DTI calculation uses the new loan’s full payment, not just interest.
- LTV/CLTV: Must be within the lender’s maximum and Texas’s constitutional 80% ceiling on primary residences
- Documentation: Two years tax returns and W-2s, recent pay stubs, bank statements, current mortgage statement, homeowners insurance declarations page, property tax statement
Self-employed borrowers face the same documentation requirements as for first mortgages — two years of business and personal returns with income calculated as net income after deductions. If your Schedule C has heavy depreciation and deduction writeoffs, the qualifying income from your returns may be significantly lower than your actual cash flow — consult with your lender before assuming qualification based on gross revenue.
Home Equity Loan vs. Cash-Out Refinance: Which Is Better in 2025
This comparison is particularly important for Texas homeowners who purchased or refinanced in 2020–2022 at historically low rates (3–4.5% on first mortgages). For this group:
Cash-out refinance: Replaces the entire first mortgage with a new, larger loan. If you’re replacing a 3.5% first mortgage with a 7.25% cash-out refinance on $350,000, you’re paying 7.25% on the entire $350,000 balance — not just on the new cash extracted. The rate hit on the existing balance is the cost of the cash-out refi structure. On $350,000 at 3.5% vs. 7.25%: monthly P&I difference of approximately $700/month. To extract $75,000 in cash at this cost makes sense only if the $75,000 generates returns exceeding the $700/month payment increase.
Home equity loan: Leaves the existing first mortgage at 3.5% intact. New 8.5% home equity loan on $75,000 only: approximately $625/month for a 15-year term. The rate (8.5%) is higher than the cash-out refi rate (7.25%), but only the new $75,000 is at the higher rate — the $350,000 first mortgage stays at 3.5%. Total monthly interest cost: $350,000 × 3.5% ÷ 12 = $1,021 (first mortgage interest) + $75,000 × 8.5% ÷ 12 = $531 (home equity loan interest) = $1,552 total. Versus cash-out refi: $425,000 × 7.25% ÷ 12 = $2,568 in interest. Home equity loan is $1,016/month cheaper in interest cost if the existing first mortgage rate is 3.5%. For the massive cohort of Texas homeowners with 2020–2022 vintage mortgages, home equity loans are almost always the better vehicle for accessing equity compared to cash-out refinancing.
Home equity loan example – $400,000 home, $220,000 first mortgage: Available equity at 80% CLTV: ($400,000 x 80%) – $220,000 = $100,000 maximum. Borrowing $75,000 at 8.5% for 15 years: monthly P&I = $739. Total interest over 15 years: $58,020. Alternative – HELOC at prime + 0.5% (~8.0%): interest-only on $75,000 = $500/month for 10 years, then P&I for 20 years. Home equity loan offers payment certainty; HELOC offers lower initial payment with variable risk.
Frequently Asked Questions
Ready to take the next step?
This article is for educational purposes only and does not constitute financial, legal, or tax advice. It is not a commitment to lend. Loan programs, rates, and eligibility requirements are subject to change without notice. Consult a qualified professional before making financial decisions.
