|
House Bill 3115 |
House Author: Shine |
|
Effective: 9-1-21 |
Senate Sponsor: Buckingham |
House Bill 3115 amends the Family Code and Property Code to set the time period in which a bona fide purchaser or mortgagee for value may rely conclusively on an affidavit filed by a judgment debtor attesting to the fact that a property is their homestead for purposes of releasing a judgment lien on the property at 90 days, beginning on the 31st day after the date the judgment debtor files a related certificate of mailing attesting that they sent the required notice of the affidavit's filing to the judgment creditor. The bill establishes the 30th day after the date the certificate was filed as the deadline by which a judgment creditor must file a contradicting affidavit in order for the debtor's affidavit to no longer serve as release of record of the judgment lien.