TX Affidavit for Home Equity Transactions - T-42.1
Supplemental Coverage Equity Loan Mortgage Affidavit - T-42.1
(IF ANY ITEM IS NOT TRUE, THE AFFIANTS SHOULD HANDWRITE
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 Home Equity Mortgage (made pursuant to Subsection (a)(6) of Section 50, Article XVI, Texas Constitution).
2. The Affiants' marital status has not changed since the Affiants acquired title to the Land and is correctly reflected by the recitals as to marital status in the Home Equity Mortgage executed by the Affiants. 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 or state 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, and the Affiants have not begun any repairs or improvements to the land to be paid with proceeds of the Home Equity Mortgage.
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 Closing Disclosure signed by the Affiants correctly reflects all fees paid by the Affiants in connection with and for the Home Equity Mortgage.
10. Each of the Affiants has received copies of all documents signed by the Affiants.
11. None of the instruments, documents or papers signed by the Affiants contained blanks when signed.
12. All of the Land is the homestead of the Affiants. No part of the Land is not the homestead of Affiants. The Land does not exceed the homestead exemption (ten acres if urban, 200 acres if rural and family, 100 acres if rural and not a part of a family). The land is occupied by all of the Affiants as their primary residence and homestead. The land is not occupied by or rented to any other persons.
13. The Affiants do not have or claim any other property (other than the Land) as homestead and do not claim a homestead tax exemption against other property.
14. The Affiants do not have any outstanding extensions of credit made pursuant to Section 50(a)(6) of Article XVI, Texas Constitution (Equity Mortgages) or Equity Mortgages or loans on the Land or other land. The Affiants have not closed on or executed such Mortgages or Loans on any property within the last year.
15. A copy of the written appraisal or evaluation of the value of the land was attached to the Acknowledgment of Fair Market Value when the Acknowledgment was signed by the Affiants. The Acknowledgment was executed by the Affiants on the same day that the Affiants executed the Note and Mortgage.
16. The Affiants executed the Note and Mortgage in the office of a title company. The Affiants have not signed an acknowledgment of election not to rescind on or prior to the date the Affiants signed the Note and Mortgage.
17. The Note and Mortgage were executed by the Affiants more than 12 days after they applied for the Loan and more than 12 days after the Affiants received a Disclosure from the Lender.
18. If refinancing home equity loan to non-home equity loan notice needs to be given from lender of difference of loan type.
19. Stewart Title Guaranty Company and the Title Insurance Agent, if any, have not provided tax advice to the Affiants.
20. 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
NOTE: ALL BLANKS MUST BE COMPLETED
For issuing guidelines on this form, see Guidelines.