Affidavit of Completion and Indemnity
Basic Information
Date:
Mechanic’s Lien Contract
Date:
Owner:
Contractor:
Trustee:
Property (including improvements): [include legal description]
Completion Date: [date]
Affiant:
Third-Party Lender:
Title Insurance Providers:
Affidavit of Completion
Affiant on oath swears that the following statements are true and are within the personal knowledge of Affiant:
1.Contractor is a [Texas corporation/Texas general partnership/Texas limited partnership/sole proprietorship/[specify other entity]].
2.Affiant is [the president/an authorized partner/a general partner/the sole proprietor/[describe other representative capacity]] of Contractor and is authorized to make this affidavit on behalf of Contractor.
3.The construction required by the Mechanic’s Lien Contract has been completed in accordance with the requirements of the Mechanic’s Lien Contract [include if applicable: and the residential construction contract between Owner and Contractor referred to in the Mechanic’s Lien Contract].
4.Contractor has paid each of Contractor’s subcontractors, laborers, and materialmen in full for all labor and materials provided to Contractor for the construction of improvements on the Property, excepting only the amounts owed to the persons identified below:
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List all subcontractors, laborers, and materialmen and amounts owed to each. If there are no unpaid subcontractors, laborers, or materialmen, state “None.” |
Name:
Address:
Telephone number:
Amount owed:
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Repeat above information as needed. |
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Continue with the following. |
5.This affidavit is made to induce Owner to accept the construction as completed, to induce Third-Party Lender to fund a loan to Owner to pay Contractor all or part of the consideration in the Mechanic’s Lien Contract, and to induce Title Insurance Providers to issue mortgagee [include if applicable: and owner] title insurance [policy/policies] without mechanic’s lien exceptions.
[Name of affiant]
SUBSCRIBED AND SWORN TO before me on __________________ by [name of affiant].
Notary Public, State of Texas
Indemnity
For valuable consideration, including Owner’s acceptance of the construction as completed, Third-Party Lender’s funding of Owner’s loan to pay Contractor all or part of the consideration in the Mechanic’s Lien Contract, and Title Insurance Providers’s issuing of title insurance [policy/policies], Contractor warrants to those parties the truth of this affidavit of completion and agrees to indemnify, defend, and hold Owner, Third-Party Lender, and Title Insurance Providers harmless from all losses, damages, judgments, and expenses, including attorney’s fees and court and other costs, that any or all of them suffer, incur, or pay because any part of this affidavit of completion is not true or completely correct.
[Name of contractor]