This form is used to release a judgment lien by affidavit pursuant to Tex. Prop. Code § 52.0012.
Homestead Affidavit as Release of Judgment Lien
Date:
Affiant:
Affiant’s Address:
Judgment Debtor:
Judgment Creditor:
Judgment
Date:
Cause number:
Style of case:
Court:
Abstract of Judgment/Judgment Lien Recording Information:
Property: [description of homestead property]
Before me, the undersigned authority, on this day personally appeared Affiant, who being first duly sworn, on oath stated:
1.I own the Property.
2.This Affidavit is made for the purpose of effecting a release of the Judgment Lien on the Property.
3.The Property includes as its purpose use for a home for Affiant and is the homestead of Affiant, as defined in Texas Property Code section 41.002. The Property 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 100 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 sent a letter and a copy of this Affidavit, without attachments and before execution of the Affidavit, notifying Judgment Creditor in the Judgment Lien of this Affidavit and Affiant’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) Judgment Creditor’s last known address, (ii) the address appearing in Judgment Creditor’s pleadings in the action in which the Judgment was rendered or another court record, if that address is different from Judgment Creditor’s last known address, (iii) the address of Judgment Creditor’s last known attorney as shown in those pleadings or another court record, and (iv) the address of 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 Property in accordance with Texas Property Code section 52.0012.
[Name of affiant]
SUBSCRIBED AND SWORN TO before me on __________________ by [name of affiant].
Notary Public, State of Texas