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A BILL TO BE ENTITLED
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AN ACT
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relating to the attachment of a judgment lien to homestead |
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property. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 52.001, Property Code, is amended to |
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read as follows: |
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Sec. 52.001. ESTABLISHMENT OF LIEN. Except as provided by |
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Section 52.0011 or 52.0012, a first or subsequent abstract of |
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judgment, when it is recorded and indexed in accordance with this |
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chapter, if the judgment is not then dormant, constitutes a lien on |
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and attaches to any [the] real property of the defendant, other than |
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real property exempt from seizure or forced sale under Chapter 41, |
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the Texas Constitution, or any other law, that is located in the |
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county in which the abstract is recorded and indexed, including |
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real property acquired after such recording and indexing. |
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SECTION 2. Subchapter A, Chapter 52, Property Code, is |
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amended by adding Section 52.0012 to read as follows: |
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Sec. 52.0012. RELEASE OF RECORD OF LIEN ON HOMESTEAD |
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PROPERTY. (a) In this section: |
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(1) "Homestead" has the meaning assigned by Section |
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41.002. |
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(2) "Judgment debtor" and "judgment creditor" have the |
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meanings assigned by Section 31.008(h), Civil Practice and Remedies |
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Code. |
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(b) A judgment debtor may, at any time, file an affidavit in |
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the real property records of the county in which the judgment |
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debtor's homestead is located that substantially complies with |
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Subsection (f). |
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(c) Subject to Subsection (d) and except as provided by |
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Subsection (e), an affidavit filed under Subsection (b) serves as a |
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release of record of a judgment lien established under this |
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chapter. |
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(d) A bona fide purchaser or a mortgagee for value or a |
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successor or assign of a bona fide purchaser or mortgagee for value |
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may rely conclusively on an affidavit filed under Subsection (b) if |
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included with the affidavit is evidence that: |
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(1) the judgment debtor sent a letter and a copy of the |
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affidavit, without attachments and before execution of the |
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affidavit, notifying the judgment creditor of the affidavit and the |
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judgment debtor's intent to file the affidavit; and |
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(2) the letter and the affidavit were sent by |
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registered or certified mail, return receipt requested, 30 or more |
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days before the affidavit was filed to: |
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(A) the judgment creditor's last known address; |
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(B) the address appearing in the judgment |
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creditor's pleadings in the action in which the judgment was |
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rendered or another court record, if that address is different from |
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the judgment creditor's last known address; |
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(C) the address of the judgment creditor's last |
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known attorney as shown in those pleadings or another court record; |
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and |
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(D) the address of the judgment creditor's last |
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known attorney as shown in the records of the State Bar of Texas, if |
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that address is different from the address of the attorney as shown |
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in those pleadings or another court record. |
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(e) An affidavit filed under Subsection (b) does not serve |
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as release of record of a judgment lien established under this |
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chapter with respect to a purchaser or mortgagee of real property |
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that acquires the purchaser's or mortgagee's interest from the |
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judgment debtor after the judgment creditor files a contradicting |
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affidavit in the real property records of the county in which the |
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real property is located asserting that: |
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(1) the affidavit filed by the judgment debtor under |
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Subsection (b) is untrue; or |
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(2) another reason exists as to why the judgment lien |
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attaches to the judgment debtor's property. |
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(f) An affidavit filed under Subsection (b) must be in |
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substantially the following form: |
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HOMESTEAD AFFIDAVIT AS RELEASE OF JUDGMENT LIEN |
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Before me, the undersigned authority, on this day personally |
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appeared __________ ("Affiant(s)") (insert name of one or more |
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affiants) who, being first duly sworn, upon oath states: |
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(1) My/our name is/are __________ (insert name of |
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Affiant(s)). I/we own the following described land ("Land"): |
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(describe the property claimed as homestead) |
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(2) This affidavit is made for the purpose of |
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effecting a release of that judgment lien recorded in __________ |
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(refer to recording information of judgment lien) ("Judgment Lien") |
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as to the Land. |
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(3) The Land includes as its purpose use for a home for |
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Affiant(s) and is the homestead of Affiant(s), as homestead is |
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defined in Section 41.002, Property Code. The Land does not exceed: |
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(A) 10 acres of land, if used for the purposes of |
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an urban home or as both an urban home and a place to exercise a |
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calling or business; or |
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(B) 200 acres for a family or 100 acres for a |
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single, adult person not otherwise entitled to a homestead, if used |
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for the purposes of a rural home. |
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(4) Attached to this affidavit is evidence that: |
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(A) Affiant(s) sent a letter and a copy of this |
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affidavit, without attachments and before execution of the |
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affidavit, notifying the judgment creditor in the Judgment Lien of |
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this affidavit and the Affiant(s)' intent to file for record this |
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affidavit; and |
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(B) the letter and this affidavit were sent by |
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registered or certified mail, return receipt requested, 30 or more |
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days before this affidavit was filed to: |
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(i) the judgment creditor's last known |
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address; |
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(ii) the address appearing in the judgment |
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creditor's pleadings in the action in which the judgment was |
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rendered or another court record, if that address is different from |
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the judgment creditor's last known address; |
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(iii) the address of the judgment |
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creditor's last known attorney as shown in those pleadings or |
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another court record; and |
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(iv) the address of the judgment creditor's |
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last known attorney as shown in the records of the State Bar of |
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Texas, if that address is different from the address of the attorney |
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as shown in those pleadings or another court record. |
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(5) This affidavit serves as a release of the Judgment |
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Lien as to the Land in accordance with Section 52.0012, Property |
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Code. |
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Signed on this _____ day of __________, _____. |
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____________________ |
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____________________ |
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(Signature of Affiant(s)) |
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State of __________ |
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County of __________ |
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SWORN TO AND SUBSCRIBED before me on the _________ day of |
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__________, 20___. |
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My commission expires: |
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______________________ |
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_______________________________ |
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Notary Public, State of Texas |
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Notary's printed name: |
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________________________________ |
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SECTION 3. The change in law made by this Act applies only |
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to an abstract of judgment lien recorded and indexed on or after the |
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effective date of this Act. An abstract of judgment lien that is |
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recorded and indexed before the effective date of this Act is |
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governed by the law in effect immediately before that date, and that |
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law is continued in effect for that purpose. |
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SECTION 4. This Act takes effect September 1, 2007. |
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* * * * * |