Form 27-26

A judgment debtor may file an affidavit in the real property records of the county in which the judg­ment debtor’s homestead is located that must be in substantially the following form. Tex. Prop. Code § 52.0012(b). Before execution of the affidavit, the affiant must send a letter and a copy of the affidavit by registered or certified mail, return receipt requested, thirty or more days before the affidavit is filed, notifying the judgment creditor of the affidavit and the affiant’s intent to file for record the affidavit. Tex. Prop. Code § 52.0012(f).

Homestead Affidavit as Release of Judgment Lien

BEFORE ME, the undersigned authority, on this day personally appeared [name[s] of affiant[s]] (“Affiant[s]”), who, being first duly sworn, upon oath state[s]:

1.My name is [name of affiant]. I own the following described land (“Land”):
[describe property claimed as homestead].

1.Our names are [names of affiants]. We own the following described land (“Land”): [describe property claimed as homestead].

2.This affidavit is made for the purpose of effecting a release of that judgment lien recorded in [describe judgment lien as described in recording information] (“Judgment Lien”) as to the Land.

3.The Land includes as its purpose use for a home for Affiant[s] and is the home­stead of Affiant[s], as “homestead” is defined in section 41.002 of the Texas Property Code.  The Land does not exceed—

a.ten acres of land, if used for the purposes of an urban home or as both an urban home and a place to exercise a calling or business; or

b.two hundred acres for a family or one hundred acres for a single, adult person not otherwise entitled to a homestead, if used for the purposes of a rural home.

4.Attached to this affidavit is evidence that—

a.Affiant[s] sent a letter and a copy of this affidavit, without attachments and before execution of the affidavit, notifying the judgment creditor in the Judg­ment Lien of this affidavit and the Affiant[’s/s’] intent to file for record this affidavit; and

b.the letter and this affidavit were sent by registered or certified mail, return receipt requested, thirty or more days before this affidavit was filed, to—

i.the judgment creditor’s last known address;

ii.the address appearing in the judgment creditor’s pleadings in the action in which the judgment was rendered or another court record, if that address is different from the judgment creditor’s last known address;

iii.the address of the judgment creditor’s last known attorney as shown in those pleadings or another court record; and

iv.the address of the judgment creditor’s last known attorney as shown in the records of the State Bar of Texas, if that address is different from the address of the attorney as shown in those pleadings or another court record.

5.This affidavit serves as a release of the Judgment Lien as to the Land in accor­dance with section 52.0012 of the Texas Property Code.

   
[Name of affiant]
Affiant

SIGNED under oath before me on ________________________________.

   
Notary Public, State of Texas