Bill Text: TX SB1594 | 2021-2022 | 87th Legislature | Introduced

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Bill Title: Relating to the release of a judgment lien on homestead property.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2021-03-24 - Referred to Business & Commerce [SB1594 Detail]

Download: Texas-2021-SB1594-Introduced.html

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87R9102 MWC-F
By: Buckingham S.B. No. 1594

A BILL TO BE ENTITLED
AN ACT
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 Subsection
(g) to read as follows:
(b) A judgment debtor may, at any time, file [an affidavit]
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).
(d) A bona fide purchaser or a mortgagee for value or a
successor or assign of a bona fide purchaser or mortgagee for value
may not rely conclusively on an affidavit filed under Subsection
(b) unless:
(1) the judgment debtor has filed a certificate of
mailing under Subsection (b); and
(2) at least 21 days have elapsed from the date of the
filing of the certificate of mailing [if included with the
affidavit is evidence that:
[(1) the judgment debtor sent a letter and a copy of
the affidavit, without attachments and before execution of the
affidavit, notifying the judgment creditor of the affidavit and the
judgment debtor's intent to file the affidavit; and
[(2) the letter and the affidavit were sent by
registered or certified mail, return receipt requested, 30 or more
days before the affidavit was filed 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].
(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 after 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) [Attached to this affidavit is evidence that:
[(A) Affiant(s) sent a letter and a copy of this
affidavit, without attachments and before execution of the
affidavit, notifying the judgment creditor in the Judgment Lien of
this affidavit and the Affiant(s)' intent to file for record this
affidavit; and
[(B) the letter and this affidavit were sent by
registered or certified mail, return receipt requested, 30 or more
days before this affidavit was filed to:
[(i) the judgment creditor's last known
address;
[(ii) 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;
[(iii) the address of the judgment
creditor's last known attorney as shown in those pleadings or
another court record; and
[(iv) 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.
[(5)] 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:
________________________________
SECTION 2. Section 157.3171(c), Family Code, is amended to
read as follows:
(c) For purposes of Section 52.0012(d) [52.0012(d)(2)],
Property Code, and the requirements of the certificate of mailing
prescribed [associated text in the affidavit required] by Section
52.0012(g) [52.0012(f)], Property Code, the obligor is required
only to send the letter and affidavit described in Section
52.0012(g) [those provisions] to the claimant under the child
support lien at the claimant's last known address.
SECTION 3. The change in law made by this Act applies only
to an abstract of judgment lien recorded and indexed on or after the
effective date of this Act. An abstract of judgment lien that is
recorded and indexed 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.