Pursuant to Tex. Prop. Code § 52.0012(g), a certificate of mailing filed under Tex. Prop. Code § 52.0012(b) must be in substantially the following form.
Certificate of Mailing of Homestead Affidavit as Release of Judgment Lien
Date:
Affiant[s]:
[Affiant’s/Affiants’] Address:
Judgment Debtor:
Judgment Creditor:
Judgment
Date:
Cause number:
Style of case:
Court:
Abstract of Judgment/Judgment Lien Recording Information:
Property: [describe homestead property]
Before me, the undersigned authority, on this day personally appeared Affiant[s], who being first duly sworn, on oath state[s] the following:
1.[My name is/Our names are] [name[s] of affiant[s]].
2.On the [date], Affiant[s] caused a Homestead Affidavit as Release of Judgment Lien to be recorded in the real property records of [county] County, Texas [include recording information] (the “Affidavit”).
3.On [date], Affiant[s] sent a letter and a copy of the Affidavit, notifying Judgment Creditor of [Affiant’s/Affiants’] homestead claim and the filing of the Affidavit, by registered or certified mail, return receipt requested, to—
a.Judgment Creditor’s last known address;
b.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;
c.the address of Judgment Creditor’s last known attorney as shown in those pleadings or another court record; and
d.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.
4.Attached to this certificate are—
a.a true and correct copy of the letter described in section 3 above of this certificate; and
b.proof of mailing of the letter described by section 3 above of this certificate.
[Name of affiant]
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Repeat as necessary. |
SUBSCRIBED AND SWORN TO before me on __________________ by [name[s] of affiant[s]].
Notary Public, State of Texas