What Is the 2% Rule in Texas?

What is the 2% rule in Texas?

The 2% rule in Texas establishes a fee limit for specific home equity loans secured by a primary residence. In other words, lenders are not able to charge the borrower over 2% of the initial principal for fees related to creating & maintaining the loan. It is an actual law — though it only functions in distinct scenarios.

Does the 2% rule apply to every Texas mortgage?

No. The limit does not work for all mortgages / property purchases in the state. It connects particularly to Texas homestead home equity loans authorized by the state constitution — rather than standard property buying loans. The distinction is highly relevant — as home buyers regularly receive estimates for closing costs ranging from 2% to 5%. The figures apply to an entirely separate type of transaction.

What fees count toward the 2% rule in Texas?

Applicable fees consist of the costs necessary to:

  • Create

  • Review

  • Process

  • Record

  • Insure

  • Manage the home equity credit extension

The context is that all combined lender charges cannot exceed the 2% maximum.

There are excluded costs from the limit: 

  • A 3rd-party appraisal fee

  • A property survey conducted by a licensed or registered surveyor

  • The base state premium for a mortgagee title insurance policy — along with legally permitted endorsements

  • A title examination report — provided the cost is less than the base title premium

  • Legitimate discount points applied to lower the interest rate

Why does this matter for Texas homeowners?

The phrase “2% rule” sounds much broader than the real application. A home buyer might incorrectly assume all closing costs statewide are limited to 2%. For a standard property purchase, closing costs vary with the lender, loan type, and property price, as well as local fees.

The limit is a strong consumer safeguard for a Texas home equity loan. It restricts many of the fees paid during the financing process. Therefore, reviewing the fee breakdown carefully before signing the documentation is highly recommended. 

What is a quick example of the 2% rule in Texas?

In the case of satisfying qualifications for a Texas home equity loan with an initial principal of $100,000, the applicable fees cannot exceed $2,000. Exempt costs, like an appraisal or specific title charges, will appear outside this limit if they fulfill the constitutional exceptions.

What should borrowers double-check before signing?

Question Importance
Is this a Texas homestead home equity loan? The limit only works for this particular loan type
What is the original principal amount? The 2% limit is calculated with the exact number
Which fees are treated as excluded charges? Specific 3rd-party costs bypass the limit
Are any discount points being charged? These must be legitimate to qualify for exclusion

Why reach out to Dimov Partners?

Dimov Partners is available to evaluate the amounts behind financial decisions, covering loan fee structures that are easy to misinterpret. If you prefer a second set of professional eyes before the closing date, please contact our experts today.

George Dimov