Composite Affidavit for [Trustee/Substitute Trustee]
State of Texas)
County of)
[Name of trustee] appeared in person before me today and stated under oath:
“My name is [name of trustee]. I am competent to make this affidavit. The facts stated in this affidavit are within my personal knowledge and are true and correct.
“Under the direction of [name], the legal holder of the deed of trust described below and of the obligations secured thereby, I, as the [Trustee/Substitute Trustee] appointed to enforce the power of sale contained in the deed of trust dated [date], executed by [name of mortgagor] to [name of trustee], Trustee, filed for record in [recording data] of the real property records of [county] County, Texas, securing payment of the promissory note of the same date in the original principal amount of $[amount], executed by [name of borrower] and payable to the order of [name] on [date], did post, on [date], signed copies of a notice of foreclosure sale, of which a true and correct copy is attached to and incorporated in this affidavit by reference for all purposes, at the officially designated place, located near an entrance door to the county courthouse of [county] County, [street address], [city], Texas, at [time] [a.m./p.m.] and filed a duplicate of the notice of foreclosure sale with the county clerk’s office of [county] County, Texas, at [time] [a.m./p.m.] that same day.
“I further served a true and correct copy of the notice of foreclosure sale on the following persons on [date], at [time] [a.m./p.m.] by depositing the same, postage prepaid, certified mail, return receipt requested, in a post office or official depository of the U.S. Postal Service. The persons served with notices and their addresses are as follows:
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List name and address of each person served. |
“Further, on [date], at a time not earlier than the time set forth in the notice of foreclosure sale and beginning not later than three hours thereafter, I did conduct the foreclosure sale. The foreclosure sale occurred in [the area of the courthouse designated by the commissioners court in the real property records/the area specified in the notice of foreclosure sale].
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Include the following if applicable. |
“On [date], I notified [name of borrower] by certified mail that [he/she] had a period of not less than twenty days to cure the default before the entire debt secured by the deed of trust became due and notice of the proposed foreclosure sale was given.”
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Continue with the following. |
[Name of affiant]
Affiant
SUBSCRIBED AND SWORN TO before me on ________________ by [name of affiant].
Notary Public, State of Texas
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Include attachments. |