Texas Estates Code

§ 1352.054 — HEARING; REQUIREMENTS TO MORTGAGE MINOR'S INTEREST

ES § 1352.054Title 3. GUARDIANSHIP AND RELATED PROCEDURES · Part I. OTHER SPECIAL PROCEEDINGS AND SUBSTITUTES FOR GUARDIANSHIP · Ch. 1352. MORTGAGE OF MINOR'S INTEREST IN RESIDENCE HOMESTEAD · Art. B. MORTGAGE OF MINOR'S INTEREST WITHOUT GUARDIANSHIP

Statute text

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(a)On receipt of an application under this subchapter, the court shall set the application for hearing on a date not earlier than the fifth day after the date the application is filed.

(b)The court may cause citation to be issued if the court considers citation necessary.

(c)At the time of the hearing, the court, on approval of the surety bond required by Section 1352.055, shall authorize the parent or managing conservator to receive the extension of credit sought in the application if the court is satisfied from a preponderance of the evidence that the encumbrance is:

(1)for a purpose described by Section 1352.056(1) or (2); and

(2)in the minor's best interests.

Legislative history

Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.