TX Affidavit for Refinance Transactions 1

REFINANCE AFFIDAVIT (Revised 11/21/2017)

(IF ANY ITEM IS NOT TRUE, THE AFFIANTS SHOULD HANDWRITE

APPROPRIATE CORRECTIONS)

Commitment No. ___________________________

Land: ______________________________________

Lender: ____________________________________

STATE OF TEXAS

Before me, the undersigned authority appeared the Affiants (whether one or more), who being by me duly sworn, on his/her/their oaths stated the following to be true, correct and complete:

1.The Affiants own the title to the Land described in the Title Insurance Commitment issued to the Lender in connection with the Refinance of a lien or liens on the Land.

2.The Affiants' martial status has not changed since the Affiants acquired title to the Land and is correctly reflected by the recitals as to marital status in new Refinance Deed of Trust executed by the Affiants in favor of the Lender. The Affiants have not secured a divorce or married since the Affiants acquired title to the Land.

3.There are no unpaid judgment liens or federal tax liens owed by or claimed against the Affiants.

4.There are no unpaid bills for labor, material or services for improvements or repairs to the Land. The Affiants have not entered any outstanding contracts for repairs or improvements to the Land.

5.There are no mortgages, deeds of trust, liens or other claims or rights to the title to the Land that are not shown on the Title Insurance Commitment.

6.The Affiants do not have a pending Bankruptcy Case or Bankruptcy Plan.

7.There are no unpaid ad valorem taxes, standby fees, or assessments by any taxing authority for prior years relating to the Land. 

8.All homeowner's association assessments relating to the Land have been paid through the current year.

9.The lien or liens shown on the Commitment and being refinanced by the new Refinance Deed of Trust to the Lender are valid liens against the land. The lien or liens secured purchase money, work and material in constructing improvements pursuant to a valid mechanic's lien contract, ad valorem taxes on the Land, an owelty of partition, or a refinance of a valid lien against the homestead, pursuant to Subsections (a)(1), (a)(2), (a)(3), (a)(4), and/or (a)(5), Section 50, Article XVI, Texas Constitution. The new Refinance Deed of Trust secures advances to refinance such prior valid liens against the land, and reasonable costs necessary to refinance such debt. The Affiants are receiving none of the proceeds of the new Refinance Deed of Trust. If any excess proceeds remain after payment of reasonable costs necessary for the refinance or to pay the prior liens, Affiants hereby instruct that the excess proceeds be paid to reduce the amount owed to the Lender.

10. If refinancing home equity loan to non-home equity loan notice must be given from lender of difference in loan type.

11. Affiants acknowledge that Lender and Stewart Title Guaranty Company are relying on this written representation by Affiants as to the Land.

_________________________________

_________________________________

(Print Name) ("Affiants")

[Print Additional Signatures as Necessary]

State of Texas

County of _________________

Sworn to and subscribed before me the undersigned authority by _________________________ on this the _______ day of ______________, 20_____.

______________________________

Notary Public in and for the State of Texas

 

For issuing guidelines on this form, see Guidelines