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Texas Civil Practice and Remedies Code - CIV PRAC & REM § 65.043. Affidavit

Current as of January 01, 2024 | Updated by FindLaw Staff

(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.”

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

(d) The affidavit must be verified.

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Cite this article: FindLaw.com - Texas Civil Practice and Remedies Code - CIV PRAC & REM § 65.043. Affidavit - last updated January 01, 2024 | https://codes.findlaw.com/tx/civil-practice-and-remedies-code/civ-prac-rem-sect-65-043/

Read this complete Texas Civil Practice and Remedies Code - CIV PRAC & REM § 65.043. Affidavit on Westlaw. Westlaw subscription required.

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