This form is an affidavit for a suit on a promissory note (including optional foreclosure language). For an affidavit for a suit on a sworn account, see form 19-16 in this chapter. For an affidavit for attorney’s fees, see form 19-19. For a discussion of summary judgment proof, see section 19.50.
[Caption. See § 3 of the Introduction in volume 1 of this manual.]
Plaintiff’s Summary Judgment Affidavit for Suit on Promissory Note
[with Foreclosure of Security Interest]
BEFORE ME, the undersigned authority, on this day personally appeared [name of affiant], who swore on oath that the following facts are true:
“My name is [name of affiant]. I am of sound mind, capable of making this affidavit, and fully competent to testify to the matters stated herein, and I have personal knowledge of each of the matters stated herein.
“Attached to this affidavit as Exhibit [exhibit number/letter] is a true and correct copy of a note executed by Defendant and delivered to Plaintiff by Defendant. Exhibit [exhibit number/letter] is incorporated by reference into this affidavit. Plaintiff is the owner and holder of the note, is presently in possession of the note, and is entitled to payment thereon.
“Plaintiff obtained the note by paying cash to Defendant in the amount stated in the note as principal.
“The note matured under its terms in that the due date stated in the note passed, and Plaintiff presented the note to Defendant for payment.
“Defendant defaulted in paying the total of principal and interest due on the note under its terms. After every payment has been applied, Defendant owes Plaintiff $[amount] as principal and $[amount] as interest on the note as of [date]. Interest continues to accrue thereafter at the rate of $[amount] per day.
“On [date], Plaintiff demanded that Defendant pay the note. Because of Defendant’s failure to do so, Plaintiff was forced to employ [name of attorney], a licensed attorney, to file suit on the note.[”]
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Continue with the following if seeking foreclosure of a security interest. |
“To secure payment of the note, Defendant executed the security agreement included with the note in Exhibit [exhibit number/letter] of this affidavit, granting to Plaintiff a security interest in the collateral described in the security agreement.
“I have observed firsthand that the collateral is in Defendant’s possession by visiting Defendant’s premises on [date].
“On [date], Plaintiff demanded that Defendant surrender possession of the collateral to Plaintiff, which Defendant refused to do.”
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Continue with the following. |
[Name of affiant]
Affiant
SIGNED under oath before me on ________________________________.
Notary Public, State of Texas
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Attach exhibit(s). |