Pursuant to Tex. Prop. Code § 52.0012, a judgment debtor may file in the real property records of the county in which the judgment debtor’s homestead is located (1) an affidavit that substantially complies with the form below and (2) a certificate of mailing that substantially complies with form 26-42 in this chapter. A judgment debtor who files this affidavit must send a letter to the judgment creditor notifying the judgment creditor of the filing of the affidavit and copy of the filed affidavit by registered or certified mail, return receipt requested, to the addresses of the judgment creditor as set forth in Tex. Prop. Code § 52.0012(b–2). This affidavit will not serve as a release of record of a judgment lien, if not later than the thirtieth day after the date a certificate of mailing was filed, the judgment creditor files a contradicting affidavit in the real property records of the county in which the real property is located, asserting that (1) the affidavit or certificate of mailing filed by the judgment debtor is untrue or (2) the judgment lien attaches to the judgment debtor’s property for another reason. A bona fide purchaser or mortgagee for value or their successors or assigns may rely conclusively on this affidavit for the ninety-day period that begins on the thirty-first day after the date the certificate of mailing was filed, provided the judgment creditor has not filed its contradicting affidavit within the prior thirty-day period as set forth above.
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]]. [I/We] 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[s] and is the homestead of Affiant[s], as homestead is defined in Tex. Prop. Code § 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 one hundred acres for a single, adult person not otherwise entitled to a homestead, if used for the purposes of a rural home.
4.This Affidavit serves as a release of the Judgment Lien as to the Property in accordance with Tex. Prop. Code § 52.0012.
[Name of affiant]
|
Repeat as necessary. |
SUBSCRIBED AND SWORN TO before me on __________________ by [name[s] of affiant[s]].
Notary Public, State of Texas