Form 14-17

Foreclosure Affidavit

Date:

Affiant:

Deed of Trust

Date:

Grantor:

Mortgagee:

Recording information:

Property: [Insert property description and include the following if applicable: , including all personal property secured by the security agreement included in the Deed of Trust.]

Affiant on oath swears that the following statements are true and are within the per­sonal knowledge of Affiant:

1.This affidavit is made with respect to the foreclosure of the Deed of Trust that occurred on [date].

2.Attached to this affidavit is a copy of the Notice of Trustee’s Sale, file-stamped by the county clerk’s office.

3.The trustee’s sale took place on [date] at approximately [time] at the place at the courthouse designated in the notice [include if applicable: , being the area designated by the county commissioner’s court for foreclosure sales].

4.Attached to this affidavit is a copy of the letter sent to each debtor obligated to pay the debt at the address required under the Texas Property Code.

4.At least twenty-one days before the trustee’s sale, Affiant, either personally or by agent, served notice of the sale on each debtor, at the address for that debtor as shown by Mortgagee’s records, who [is/are]: [list name[s] and address[es]].

The [notice[s]/letter[s]] [was/were] served on [date] by certified mail, postage prepaid, properly addressed to each debtor listed above at the address[es] stated.

5.To the best of Affiant’s knowledge, the debtor[s] [was/were] alive on the date of the trustee’s sale.

6.[Name of grantor] is a servicemember in military service, as those terms are defined in 50 U.S.C. § 3911; however, the obligation described in the mortgage originated after [name] began military service on [date].

6.[Name of grantor] is a servicemember in military service, as those terms are defined in 50 U.S.C. § 3911, and the obligation described in the mortgage originated before [name] began military service on [date]. However, [name], during [his/her] military service, executed and delivered a written waiver of rights and protections provided by 50 U.S.C. §§ 3901–4043, and a copy of the waiver is attached to this affidavit.

6.[Name of grantor] was not a servicemember in military service, as those terms are defined in 50 U.S.C. § 3911, or at any time within ninety days preceding the date of the trustee’s sale.

7.Attached to this affidavit is a copy of the notice sent to the Internal Revenue Ser­vice regarding the tax liens described therein.

   
[Name of affiant]

SUBSCRIBED AND SWORN TO before me on __________________ by [name of affiant].

   
Notary Public, State of Texas