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Texas Property Code - PROP § 52.0012. Release of Record of Lien on Homestead Property

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

(a) In this section:

(1) “Homestead” has the meaning assigned by Section 41.002.

(2) “Judgment debtor” and “judgment creditor” have the meanings assigned by Section 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).

(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 Section 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 Section 52.0012, Property Code.

Signed on this _______ day of ____________, _______.

______________________________

______________________________

(Signature of Affiant(s))

State of _____________________

County of ____________________

SWORN TO AND SUBSCRIBED before me on the ____________ day of ____________, 20_______.

My commission expires:

_______________________________________

__________________________________________________

Notary Public, State of Texas

Notary's printed name:

__________________________________________________

(g) A certificate of mailing filed under Subsection (b) must be in substantially the following form:

CERTIFICATE OF MAILING

OF HOMESTEAD AFFIDAVIT AS RELEASE OF JUDGMENT LIEN

Before me, the undersigned authority, on this day personally appeared _______________________________ (“Affiant(s)”) (insert name(s) of Affiant(s)) who, being first duly sworn, upon oath state(s):

(1) My name is/Our names are _______________________________ (insert name(s) of Affiant(s)).

(2) On the _______________________________ day of _______________________________, 20_______________________________, Affiant(s) caused a Homestead Affidavit as Release of Judgment Lien to be recorded in _______________________________ (refer to affidavit recording information) (“Affidavit”).

(3) On the _______________________________ day of _______________________________, 20_______________________________, Affiant(s) sent a letter and a copy of the Affidavit, notifying the judgment creditor of the Affiant's homestead claim and the filing of the Affidavit, by registered or certified mail, return receipt requested, to:

(A) the judgment creditor's last known address;

(B) 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;

(C) the address of the judgment creditor's last known attorney as shown in those pleadings or another court record; and

(D) 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.

(4) Attached to this certificate are:

(A) a true and correct copy of the letter described by Subdivision (3) of this certificate; and

(B) proof of mailing of the letter described by Subdivision (3) of this certificate.

Signed on the _______ day of ____________, 20 _______.

______________________

______________________

(Signature of Affiant(s))

State of __________

County of __________

SWORN TO AND SUBSCRIBED before me on the ____________ day of ____________, 20_______.

My commission expires:

______________________________

________________________________________

Notary Public, State of Texas

Notary's printed name:

________________________________________
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Cite this article: FindLaw.com - Texas Property Code - PROP § 52.0012. Release of Record of Lien on Homestead Property - last updated January 01, 2024 | https://codes.findlaw.com/tx/property-code/prop-sect-52-0012/

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