Bill Text: TX HB3115 | 2021-2022 | 87th Legislature | Enrolled
Bill Title: Relating to the release of a judgment lien on homestead property.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Passed) 2021-06-16 - Effective on 9/1/21 [HB3115 Detail]
Download: Texas-2021-HB3115-Enrolled.html
H.B. No. 3115 |
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relating to the release of a judgment lien on homestead property. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 52.0012, Property Code, is amended by | ||
amending Subsections (b), (d), (e), and (f) and adding Subsections | ||
(b-1) and (g) to read as follows: | ||
(b) A judgment debtor may[ |
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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. | ||
(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 [ |
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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 [ |
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(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), [ |
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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) [ |
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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: | ||
________________________________ | ||
SECTION 2. Section 157.3171(c), Family Code, is amended to | ||
read as follows: | ||
(c) For purposes of Section 52.0012(d) [ |
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Property Code, and the requirements of the certificate of mailing | ||
prescribed [ |
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52.0012(g) [ |
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only to send the letter and affidavit described in Section | ||
52.0012(g) [ |
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support lien at the claimant's last known address. | ||
SECTION 3. The change in law made by this Act applies only | ||
to an affidavit filed under Section 52.0012(b), Property Code, as | ||
amended by this Act, on or after the effective date of this Act. An | ||
affidavit filed under Section 52.0012(b), Property Code, as amended | ||
by this Act, before the effective date of this Act is governed by | ||
the law in effect immediately before that date, and that law is | ||
continued in effect for that purpose. | ||
SECTION 4. This Act takes effect September 1, 2021. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I certify that H.B. No. 3115 was passed by the House on May | ||
11, 2021, by the following vote: Yeas 145, Nays 0, 1 present, not | ||
voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
I certify that H.B. No. 3115 was passed by the Senate on May | ||
27, 2021, by the following vote: Yeas 31, Nays 0. | ||
______________________________ | ||
Secretary of the Senate | ||
APPROVED: _____________________ | ||
Date | ||
_____________________ | ||
Governor |