The judgment creditor has until thirty days after the date the certificate of mailing (form 27-30) is filed to file a contradicting affidavit in the real property records. Tex. Prop. Code § 52.0012(e).
Contradicting Affidavit (Pursuant to Tex. Prop. Code § 52.0012)
BEFORE ME, the undersigned authority, on this day personally appeared [name of affiant] (“Affiant”), who, being first duly sworn, upon oath states:
“My name is [name of affiant]. I am personally acquainted with the facts herein stated.
“I am the Plaintiff in [case number, style, and court], on whose behalf an abstract of judgment was filed in the official public records of [county] County, Texas, recorded as [recording information].
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Select one of the following. |
The Homestead Affidavit as Release of Judgment Lien filed in the official public records of [county] County, Texas, by [name of affiant who signed it] is untrue.
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Or |
The Certificate of Mailing filed in the official public records of [county] County, Texas, by [name of affiant who filed certificate] is untrue.
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Or |
[State any other reason that exists as to why the judgment lien attaches to the judgment debtor’s property. For example, that another property is the judgment debtor’s homestead or was the debtor’s homestead at the time the judgment lien was filed.]
[Name of affiant]
SIGNED under oath before me on ________________.
Notary Public, State of Texas