
The Quick Read: Usually yes on government-type fees, but the comparison seldom applies, because a VA cash-out generally cannot be written on a Texas homestead, which makes the state’s home equity loan often the only route to cash from a primary residence, and its legal limits, not its price, decide whether it fits. The VA charges a one-time funding fee on cash-out refinances, and the Texas loan has no such fee. The trade-off is a lower maximum loan and a stricter process.
- A VA cash-out carries a funding fee of 2.15% on first use and 3.3% after first use, unless the veteran is exempt.
- A Texas home equity loan has no funding fee, but it caps combined leverage at 80% on a primary residence.
- Neither product finances a rental property. Both are owner-occupied tools.
- Investors usually meet them as a way to pull equity from a personal home for a down payment.
- A cash-out on a non-homestead rental follows a different path, and a DSCR loan is the usual tool.
What Does Each Path Actually Cost?
The Texas path usually costs less in government-type fees, because it has no funding fee. The VA path charges one on every cash-out. According to VA News, the cash-out funding fee is 2.15% on first use and 3.3% after first use. It is a one-time charge, not mortgage insurance. Borrowers can pay it at closing or roll it into the loan. Veterans with service-connected disability compensation, Purple Heart recipients, and surviving spouses can be exempt, which changes the math a lot.
How large a line the equity supports in Texas.
An equity line is sized by combined loan-to-value, occupancy, and credit — not by rental coverage. Switch the occupancy or the credit band and the ceiling moves with it.
Investment-property lines require a 700 minimum credit score; second-home lines start at a 640 minimum and primary-residence lines at 600, and the combined-LTV ceiling steps down as the credit band drops on primary-residence and second-home lines and holds on investment-property lines; the line cap steps down on primary-residence lines and holds at every tier on investment-property and second-home lines.
A debt-to-income ratio above 45% requires 680+ credit. Profiles under 640 are limited to single-family homes. At least 75% of the approved line is drawn at closing. Ceilings, floors, and caps update from Lendmire’s centralized guideline source.
Line estimate
Illustrative estimate only — not a quote, Loan Estimate, approval, or commitment to lend. The rate is an editable assumption; equity-line pricing is variable through both the draw and repayment periods and never converts to fixed. Occupancy and credit drive the ceiling together: an investment property tops out at 70% combined LTV (minimum credit 700, line cap $500,000); a second home tops out at 90% combined LTV (minimum credit 640, line cap $500,000), with the ceiling stepping down as the credit band drops (the cap holds at every tier); a primary residence tops out at 80% combined LTV (minimum credit 600), and its $750,000 maximum line is available only at 75% combined LTV or below with a 700-or-better credit profile (720 on the longer-runway program) and a full appraisal. Lines above $500,000 require a full appraisal. Credit, debt-to-income, property type, and full underwriting review all affect the final line.
The Texas loan has its own cost structure. The constitution caps certain lender fees. Appraisal, survey, and title charges sit outside that cap, so total closing costs can run higher than the cap suggests. Some older consumer pages still quote a higher cap figure, so confirm the current number with any lender.
| Cost factor | Texas equity loan | VA cash-out (outside Texas) |
|---|---|---|
| Government funding fee | None | 2.15% first use; 3.3% after |
| Fee exemptions | Not applicable | Disability, Purple Heart, surviving spouses |
| Lender charges | Capped by constitution | Set by the lender |
| Appraisal, survey, title | Outside the cap | Paid or rolled in |
| Available on a Texas homestead | Yes | Generally no |
Lower fees are not the whole story. The cheaper product also limits how much cash you can pull, and it comes with a process that a VA loan does not have.
Who Is Actually Choosing Between These?
Very few borrowers are. A Texas veteran who owns a primary residence and wants cash usually finds that the VA option is off the table. A non-veteran never had it. So the real comparison for most people is the Texas equity loan against keeping their current mortgage untouched.
Investors fall into this group when they want to turn homestead equity into a rental down payment. That is a real strategy. It works best when the investor understands the leverage cap and the waiting rules before the rental search begins.
Why a VA Cash-Out Generally Cannot Be Written on a Texas Homestead
Texas treats a cash-out on a homestead as a special loan type, and a VA cash-out does not fit inside it. The Texas Attorney General’s Opinion KP-0183 describes the Texas cash-out as a home equity loan under Article XVI, Section 50(a)(6) of the state constitution. It records the state’s conclusion that veterans with VA loans cannot get a cash-out refinance of that kind in Texas.
Two details matter here. First, the opinion is advisory, not binding law. Texas lenders follow it in practice, so the effect is the same for borrowers. Second, you will see claims online that a VA cash-out works in Texas at 80% leverage. That version conflicts with the attorney general’s position. Treat it with caution and ask any lender to show you the specific program. These specifics are subject to lender guidelines and a full review of property, leverage, and credit.
The restriction is narrow. VA purchase loans and rate-and-term refinances still work in Texas. The block applies to pulling cash out of a homestead.
How a Texas Home Equity Loan Works
The rules read like a checklist, and each one can change your plan. The state’s homestead protections shield the primary residence from forced sale, with a short list of exceptions. The Texas Constitution text on Justia sets the 12-day wait: the lender gives a written notice on a separate form, and the loan cannot close before the 12th day after that notice.
The main rules, as most lenders apply them:
- Primary residence only. A rental or second home does not qualify as a homestead.
- 12-day notice. The loan cannot close before the 12th day after the written notice.
- Three-day right to cancel. The borrower has a short window to back out after closing.
- 80% combined loan-to-value ceiling. Your first mortgage plus the new loan cannot exceed 80% of value.
- Fee cap. Certain lender fees are limited. Third-party costs sit outside it.
- One loan at a time. The 2017 ballot measure disclosure states that only one such loan may be secured by the home.
- Closing location. The loan closes at the office of the lender, an attorney, or a title company.
One more point surprises borrowers. A lien of this type tends to stay with the home. Practitioners often describe it as once a Texas equity lien, always one, unless a later conversion path applies. Ask a lender whether the conversion option fits your file before you open the loan.
What the Wholesale Network Offers on a Texas Primary Residence
Lendmire is a broker, so it places these files with select wholesale lenders rather than lending directly. Across that network, the home equity product on a primary residence is a standalone line, in first or second lien position, rather than a lump-sum loan. Lendmire’s home equity coverage is limited to its 16 full-service states, and Texas is one of them.
On a Texas primary residence, the 80% combined ceiling applies. On most files in the network, a credit profile of 640 or better pairs with that 80% ceiling on lines up to $500,000. Higher scores can open larger lines up to $750,000, but the leverage tier steps down as the line grows, and the network’s 90% top tier never applies to a Texas homestead. The minimum score on the matrix is 600, and that tier carries much lower leverage.
The draw structures are worth knowing. One runs a three-year interest-only draw followed by a 17-year repayment period. The other runs a five-year draw followed by a 25-year repayment period. At least 75% of the line is drawn at closing. Pricing floats during both periods and does not convert to a fixed structure. The minimum draw after closing in Texas is $4,000.
Other points that shape a file:
- Lines at or below $500,000 usually use an automated valuation, though a higher combined leverage can call for a secondary valuation.
- The debt-to-income limit is generally 50%, and 45% for scores from 600 to 679.
- Texas properties are limited to 10 acres, and the 12-day wait, the one-lien rule, and 12-month seasoning bind primary residences.
- Title must sit with the individual borrower or a revocable living trust. An LLC cannot hold title on this product.
Every figure here is subject to lender guidelines and full file review, and none is a commitment to lend.
Keep the VA First Mortgage or Replace It?
For a veteran with a low-balance VA first mortgage, leaving it in place and adding a second-lien equity line is often the cleaner path. Lenders commonly use a second lien behind an existing VA first mortgage for exactly this reason, subject to each lender’s guidelines. The first mortgage stays untouched, and you pay closing costs only on the new line.
Replacing the first mortgage with a conventional cash-out works differently. It resets the whole loan, and it can end the VA terms you already hold. A VA-backed first mortgage gives up nothing if you leave it alone. That is why the second-lien route tends to win for veterans who hold a first mortgage they like.
Run this decision against your own balance and leverage. The choice flips when the existing first mortgage is expensive, because replacing it then makes more sense than leaving it. It also flips when the combined balance would push you past the 80% ceiling, which rules out the second lien entirely.
Where This Meets the Investor Decision
For an investor, these products matter mainly as a source of down-payment cash, and neither can finance the rental itself. A VA cash-out requires the borrower to live in the home. A Texas equity loan cannot be placed on investment property or a second home through the homestead route.
If you plan to buy a rental with homestead equity, line up the order of events. The 12-day wait and the three-day cancel window both come before the funds arrive. Build those days into your purchase contract so the equity is in hand before you need it.
Once you own a non-homestead rental, the financing picture changes. On a rental, a cash-out refinance qualifies primarily on property-level rental income covering the payment, subject to lender guidelines. The homestead rules above do not apply to it. In the network, a DSCR cash-out on a standard rental generally tops out near 75% loan-to-value, with about 6 months of seasoning as the common expectation. For a purchase of an investment property, most files land at 75% to 80% loan-to-value. Coverage of 1.00 is where many select programs start, and a separate select-lender path takes coverage below 1.00 with leverage and terms adjusted. Stronger coverage opens better leverage and pricing.
Two cautions apply. DSCR compares rent to the full housing payment only. Clearing 1.00 does not mean positive cash flow, since repairs, vacancy, management, and utilities sit outside the calculation. And the rental can sit in an LLC, subject to lender program eligibility, which a Texas equity line cannot do. The complete DSCR loans guide covers how those files work from the start.
For more on adjacent decisions, Lendmire’s piece Is VA Cash-Out Better Than Conventional on a Texas Homestead? goes deeper on the VA side. Its article on how the home equity loan and cash-out lien compare under Texas cap rules covers the leverage limits in more detail.
Tax treatment can depend on how the funds are used and how the property is held; investors should keep clear records and speak with a qualified tax professional before relying on any deduction.
Key Terms Defined
50(a)(6) loan: The section of the Texas Constitution that governs home equity loans on a homestead.
Homestead: The primary residence that Texas law shields from forced sale, with a short list of exceptions.
Combined loan-to-value (CLTV): Your first mortgage plus the new loan, divided by the home’s value.
Funding fee: The one-time charge the VA adds to a cash-out refinance, unless the borrower is exempt.
Second lien: A loan that sits behind an existing first mortgage and leaves it in place.
DSCR: The ratio of a rental’s monthly rent to its full housing payment.
Frequently Asked Questions
Can a veteran with a VA loan still get a Texas home equity loan?
Often yes, as a second lien behind the existing VA first mortgage. Lenders commonly use that structure because it leaves the first mortgage alone. Approval depends on the combined leverage staying within the 80% ceiling, plus credit, income, and lender guidelines.
Does the VA funding fee apply to a Texas home equity loan?
No. The funding fee belongs to VA-backed loans, and a Texas equity loan is not VA-backed. You still pay lender charges, appraisal or valuation costs, and title costs. The constitution caps certain lender fees, but third-party costs sit outside that cap.
Can I use a Texas homestead equity loan on a rental property?
No. The homestead rules cover your primary residence only. A rental is a different transaction, and in the network a cash-out on a non-homestead rental runs through a DSCR program or an investment-property line, each with its own leverage and credit terms.
How much can I borrow against a Texas homestead?
Combined leverage tops out at 80% on a primary residence. In the network, a credit profile of 640 or better pairs with that 80% ceiling on lines up to $500,000. Lines run from $25,000 to $750,000, with leverage stepping down as the line size and credit tier change.
Is the attorney general’s opinion binding law?
No. It is advisory. Texas lenders underwrite to it anyway, so the practical result for borrowers is that a VA cash-out on a homestead is generally unavailable. Confirm the current position with a lender before you build a plan around either answer.
Weighing Your Options
If you are weighing a home equity line against a cash-out refinance and want to see how the numbers work, Lendmire can help you compare HELOC options based on the property, the equity available, credit profile, combined leverage, and your goals. The calculator on this page gives an illustrative estimate, not a quote.
Texas homestead equity is a one-way door for most borrowers, so the investors who use it best plan the rental purchase before they open the line.
For the mechanics of pulling equity out of a rental property, see Lendmire’s guide to cash-out refinance on an investment property.
About Lendmire
Lendmire (NMLS# 2371349) is a mortgage brokerage serving homeowners and real estate investors in its 16 full-service states. Home equity lines of credit are arranged through wholesale lending channels; Lendmire brokers the line and the lender underwrites each application under its occupancy-based guidelines. Scotsman Guide named Lendmire a Top Mortgage Workplace in both 2025 and 2026.
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References
1. VA News: Funding fee, who pays and who is exempt
2. Texas Attorney General Opinion KP-0183
3. Texas Constitution, Article XVI, Section 50
This article is part of Lendmire’s home equity line of credit program — full qualification details, guidelines, and scenarios live on the program page.
Related reading: How to Weigh a VA Cash-Out Against a HELOC on a Texas Homestead · Home Equity Loan vs Cash-Out Lien and Cap Rules on a Texas Homestead · How Much a Home Equity Loan Costs vs Cash-Out on a Paid-Off Home
Brandon Miller
Founder & CEO, Mortgage Loan Originator, Lendmire LLC
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Required disclosures. Lendmire (NMLS# 2371349) operates as a licensed mortgage broker, not a direct lender or depository. The discussion in this article is general in nature and should not be relied upon as financial, legal, or tax advice — every investment scenario is unique and should be reviewed by a qualified professional. Any loan inquiry is subject to lender underwriting, and this article is not a commitment to lend or a guarantee of approval. Mortgage rates, loan terms, and program guidelines vary by borrower, property, and state, and may change without notice. Equal Housing Opportunity. Verify licensure at NMLS Consumer Access.