Note: When preparing this form, the attorney should carefully review Tex. Prop. Code §§ 51.0001, 51.0025, and 51.0075 and Tex. Bus. & Com. Code §§ 3.203 and 3.301 to ensure any reference to a person accurately describes the role the person holds or performs in the context of a foreclosure proceeding, e.g., references to “noteholder,” “beneficiary,” “owner,” “lender,” “obligor of the debt,” “mortgagor,” “mortgagee,” or “mortgage servicer” as appropriate.
Verification
State of Texas)
County of)
[Name of trustee] appeared in person before me today and stated under oath:
“I have read the motion to which my verification is attached and have personal knowledge of the facts stated therein. I have never had any contact with [name of borrower] or their original lender, [name of lender], and I had no involvement with the origination or the day-to-day servicing of [name of borrower]’s loan agreement. Therefore, I reasonably believe I was named as a party to this suit solely in the capacity as a trustee. A trustee’s only responsibility or duty is to exercise the power of sale contained in a security instrument. [Name of borrower] has alleged no facts stating there was a willful act or omission on my part with respect to my duties as a trustee under Texas Property Code section 51.0074(b), which states, “[a] trustee may not be (1) assigned a duty under a security instrument other than to exercise the power of sale in accordance with the terms of the security instrument, or (2) held to the obligations of a fiduciary of the mortgagor or mortgagee.” Further, under the terms of the deed of trust [name of borrower] executed, [identify section or paragraph in the deed of trust] provides that a trustee has no liability for any act or omission unless it was willful. I have had no contact or connection with [name of borrower] except in my capacity as the trustee authorized to conduct a foreclosure sale under [name of borrower]’s loan agreement. [Name of borrower] has alleged no facts stating there was a willful act or omission on my part with respect to my duties as a trustee under Texas Property Code section 51.0074.”
[Name of trustee]
SUBSCRIBED AND SWORN TO before me on ________________ by [name of trustee].
Notary Public, State of Texas