Pursuant to Tex. Prop. Code § 52.0012(e), a contradicting affidavit can be filed by the judgment creditor in the real property records of the county in which the real property that judgment debtor is claiming as a homestead is located within thirty days after the certificate of mailing is filed under Tex. Prop. Code § 52.0012(b). Upon such timely filing by a judgment creditor, the homestead affidavit does not serve as a release of the judgment lien.
Affidavit Contradicting 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 am/We are] [Judgment Creditor/the authorized representative of Judgment Creditor].
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Select one of the following. |
2.The [Affidavit/Certificate of Mailing] filed by Judgment Debtor, as described above, is untrue.
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Or |
2.The Judgment Lien validly attaches to Judgment Debtor’s Property because [explain].
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Continue with the following. |
[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