Texas Property Code 52.0012 – Release of Record of Lien On Homestead Property
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(a) In this section:
(1) “Homestead” has the meaning assigned by § 41.002.
(2) “Judgment debtor” and “judgment creditor” have the meanings assigned by § 31.008(h), Civil Practice and Remedies Code.
(b) 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 Subsection (f); and
(2) a certificate of mailing that substantially complies with Subsection (g).
Terms Used In Texas Property Code 52.0012
- 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.
- 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
- Lien: A claim against real or personal property in satisfaction of a debt.
- Mortgagee: The person to whom property is mortgaged and who has loaned the money.
- 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
- Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
- Property: means real and personal property. See Texas Government Code 311.005
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- sworn: includes affirm or affirmed. See Texas Government Code 312.011
(b-1) A judgment debtor who files an affidavit under Subsection (b) shall send a letter notifying the judgment creditor of the filing of the affidavit and a copy of the filed affidavit by registered or certified mail, return receipt requested, to:
(1) the judgment creditor’s last known address;
(2) the address appearing in the judgment creditor’s pleadings in the action in which the judgment was rendered or another court record, if that address is different from the judgment creditor’s last known address;
(3) the address of the judgment creditor’s last known attorney as shown in those pleadings or another court record; and
(4) the address of the judgment creditor’s last known attorney as shown in the records of the State Bar of Texas, if that address is different from the address of the attorney as shown in those pleadings or another court record.
(c) Subject to Subsection (d) and except as provided by Subsection (e), an affidavit filed under Subsection (b) serves as a release of record of a judgment lien established under this chapter.
(d) If a judgment debtor has filed a certificate of mailing under Subsection (b) and a contradicting affidavit is not filed under Subsection (e), a bona fide purchaser or a mortgagee for value or a successor or assign of a bona fide purchaser or mortgagee for value may rely conclusively on an affidavit filed under Subsection (b) for the 90-day period that begins on the 31st day after the date the certificate of mailing was filed.
(e) An affidavit filed under Subsection (b) does not serve as release of record of a judgment lien established under this chapter with respect to a purchaser or mortgagee of real property that acquires the purchaser’s or mortgagee’s interest from the judgment debtor if, not later than the 30th day after the date a certificate of mailing was filed under Subsection (b), 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 under Subsection (b) is untrue; or
(2) another reason exists as to why the judgment lien attaches to the judgment debtor’s property.
(f) An affidavit filed under Subsection (b) must be in substantially the following form:
HOMESTEAD AFFIDAVIT AS RELEASE OF JUDGMENT LIEN
Before me, the undersigned authority, on this day personally appeared __________ (“Affiant(s)”) (insert name of one or more affiants) who, being first duly sworn, upon oath states:
(1) My/our name is/are __________ (insert name of Affiant(s)). I/we own the following described land (“Land”):
(describe the property claimed as homestead)
(2) This affidavit is made for the purpose of effecting a release of that judgment lien recorded in __________ (refer to recording information of judgment lien) (“Judgment Lien”) as to the Land.
(3) The Land includes as its purpose use for a home for Affiant(s) and is the homestead of Affiant(s), as homestead is defined in § 41.002, Property Code. The Land does not exceed:
(A) 10 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) 200 acres for a family or 100 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 Land in accordance with § 52.0012, Property Code.
Signed on this _____ day of __________, _____.
____________________
____________________
(Signature of Affiant(s))
State of __________
County of __________