(a) The affidavit must contain complete information relating to each and every person liable for the indebtedness secured by or with an ownership interest in the residential homestead concerning the following matters:
(1) identity;
(2) income, including income from employment, dividends, interest, and any other source other than from a government entitlement;
(3) spouse’s income, if known to the applicant;
(4) description and estimated value of real and personal property, other than the applicant’s homestead;
(5) cash and checking account;
(6) debts and monthly expenses;
(7) dependents; and
(8) any transfer to any person of money or other property with a value in excess of $1,000 made within one year of the affidavit without fair consideration.
(b) The affidavit must state: “I am not financially able to post a bond to cover any judgment against me in this case. All financial information that I provided to the lender was true and complete and contained no false statements or material omissions at the time it was provided to the lender. Upon oath and under penalty of perjury, the statements made in this affidavit are true.”

Terms Used In Texas Civil Practice and Remedies Code 65.043

  • Affidavit: means a statement in writing of a fact or facts signed by the party making it, sworn to before an officer authorized to administer oaths, and officially certified to by the officer under his seal of office. See Texas Government Code 312.011
  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
  • Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
  • Personal property: All property that is not real property.
  • Property: means real and personal property. See Texas Government Code 311.005
  • Year: means 12 consecutive months. See Texas Government Code 311.005

(c) In the event the applicant is married, both spouses must execute the affidavit.
(d) The affidavit must be verified.

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