AFFIDAVIT AS RELEASE OF LIEN - TEXAS
STATE OF TEXAS§
COUNTY OF ______________§
Before me, the undersigned authority, on this day personally appeared ___________________________ known to me to be the person whose name is subscribed hereto who, being duly sworn, on his oath swore that the following facts were true and correct:
1. My name is ______________________ ("affiant"). I am a ______________________ of Stewart Title Guaranty Company.
2. This affidavit concerns that Deed of Trust from _______ to _______ dated _______ and recorded _______ in Volume _____, Page _____ (Clerk's File Number _______ ) of the _______ Records of _______ County, Texas, securing the payment of one promissory note in the original sum of $_______ of even date therewith payable to the order of _______, additionally secured by a vendor's lien retained in Deed from _______ to _______ dated _______ and recorded ________ in Volume _______, Page _______ (Clerk's File Number _______ ) of the _______ Records of _______ County, Texas, assigned to _______ by instrument dated _______ and recorded _______ in Volume _______, Page _______ (Clerk's File Number ________ ) of the _______ Records of _______ County, Texas (the "mortgage").
3. The land encumbered by the Mortgage consists exclusively of one-to-four family residential property.
4. I am an authorized officer of Stewart Title Guaranty Company.
5. This affidavit is made on behalf of the mortgagor of the Mortgage and any transferee of the mortgagor who has acquired title to the property described in the Mortgage.
6. ___________________________, the mortgagee as defined in Section 12.017 of the Property Code provided a pay-off statement with respect to the loan described secured by the Mortgage. A copy of the pay-off statement is attached as Exhibit 1.
7. I have ascertained that the mortgagee has received payment of the loan secured by the Mortgage and in accordance with the pay-off statement as evidenced by that check, a copy of which is attached as Exhibit 2, that has been negotiated by the mortgagee.
8. More than sixty (60) days have elapsed since the date of payment was received by the mortgagee.
9. Stewart Title Guaranty Company or its agent has given the mortgagee at least 15 days notice in writing of intent to execute and record an affidavit in accordance with Section 12.017 of the Property Code, and a copy of the proposed affidavit was attached to the written notice. A copy of the letter evidencing notice in writing is attached as Exhibit 3.
10. The mortgagee has not responded in writing to the notification.
Sworn to and subscribed before me the undersigned authority on this the _____ day of ___________________________, 20___, by __________________________.
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