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Chapter 27

Form 27-28

The homestead affidavit as release of judgment lien must be in substantially the following form, pursu­ant to 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/Our names are] [name(s) of affiant(s)]. [I/We] own the following described land (“Land”): [describe the property claimed as homestead].

“2.      This affidavit is made for the purpose of effecting a release of that judgment lien recorded in [recording information of judgment lien] (“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) 10 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) 200 acres for a family or 100 acres for a single, adult person not otherwise entitled to a homestead, if used for the pur­poses of a rural home.

“4.      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(s) of affiant(s)]
Affiant[s]

SIGNED under oath before me on ________________________________.

   
Notary Public, State of Texas