Affidavit of Homestead
Date:
Affiant:
Affiant’s Homestead Property (“Property”):
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For a rural homestead, indicate the number of acres designated, not to exceed 200 acres if the homestead of a family or 100 acres if the homestead of a single adult. If there is more than one survey, include the number of acres in each. For an urban homestead, indicate the number of acres designated, not to exceed 10 acres. |
Current Record Title Holder of Affiant’s Homestead Property:
Lender:
Lender’s Address:
Affiant on oath swears that the following statements are true and are within the personal knowledge of Affiant:
1.My full legal name is [full legal name of affiant], and I am over the age of eighteen years.
2.I currently reside at [current residence address].
3.I acknowledge that Lender is taking a security interest in the Property and I will use and claim the Property as my homestead.
4.I acknowledge that I am obtaining a loan (“Loan”) from Lender for a part of the purchase price of the Property.
5.I confirm that Lender has informed me that, as a condition of obtaining the Loan from Lender, I must occupy the Property as my primary residence after the closing so that the Property will constitute my homestead.
6.I also confirm that Lender has informed me that my failure to occupy the Property as my primary residence will impair Lender’s security for the Loan and that Lender would not have made the Loan but for my representation and stated intention that the Property will be used as my homestead and residence.
7.I further confirm that I have been informed that, if I cease to occupy the Property as my residence, Lender may accelerate all amounts then due and owing to Lender with respect to the Loan and exercise all rights granted to Lender in the instruments evidencing and securing the Loan.
8.I understand that, if Lender accelerates the Loan in such circumstances, the entire loan balance will be immediately due and payable, and if I fail to pay the amounts due, Lender may institute collection proceedings against me, including, without limitation, nonjudicial foreclosure sale in accordance with the terms and conditions of the deed of trust encumbering the Property that I have executed to secure payment of the Loan.
[Name of affiant]
SUBSCRIBED AND SWORN TO before me on __________________ by [name of affiant].
Notary Public, State of Texas