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Chapter 27

Form 27-30

The certificate of mailing must be in substantially the following form, pursuant to Tex. Prop. Code § 52.0012(g), and must be filed in the real property records of the county in which the homestead affi­davit as release of judgment lien was filed.

Certificate of Mailing of 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)].

“2.   On [date], Affiant[s] caused a Homestead Affidavit as Release of Judgment Lien to be recorded in [affidavit recording information] (“Affidavit”).

“3.   On [date], Affiant[s] sent a letter and a copy of the Affidavit, notifying the judgment creditor of the homestead claim and the filing of the Affidavit, by registered or cer­tified mail, return receipt requested, to (a)    the judgment creditor’s last known address; (b) 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 was different from the judgment credi­tor’s last known address; (c)    the address of the judgment creditor’s last known attorney as shown in those pleadings or another court record; and (d)    the address of the judgment credi­tor’s last known attorney as shown in the records of the State Bar of Texas, if that address was different from the address of the attorney as shown in those pleadings or another court record.

“4.   Attached to this certificate are (a) a true and correct copy of the letter described in item 3 of this certificate; and (b)    proof of mailing of the letter described in item 3 of this certificate.”

   
[Name(s) of affiant(s)]

SIGNED under oath before me on ________________.

   
Notary Public, State of Texas