Texas 2021 - 87th Regular

Texas House Bill HB3115 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	H.B. No. 3115
	1	+	By: Shine (Senate Sponsor - Buckingham) H.B. No. 3115
	2	+	(In the Senate - Received from the House May 12, 2021;
	3	+	May 13, 2021, read first time and referred to Committee on Business &
	4	+	Commerce; May 20, 2021, reported favorably by the following vote:
	5	+	Yeas 9, Nays 0; May 20, 2021, sent to printer.)
	6	+	Click here to see the committee vote
2	7
3	8
	9	+	A BILL TO BE ENTITLED
4	10		AN ACT
5	11		relating to the release of a judgment lien on homestead property.
6	12		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
7	13		SECTION 1. Section 52.0012, Property Code, is amended by
8	14		amending Subsections (b), (d), (e), and (f) and adding Subsections
9	15		(b-1) and (g) to read as follows:
10	16		(b) A judgment debtor may[, at any time,] file [an
11	17		affidavit] in the real property records of the county in which the
12	18		judgment debtor's homestead is located:
13	19		(1) an affidavit that substantially complies with
14	20		Subsection (f); and
15	21		(2) a certificate of mailing that substantially
16	22		complies with Subsection (g).
17	23		(b-1) A judgment debtor who files an affidavit under
18	24		Subsection (b) shall send a letter notifying the judgment creditor
19	25		of the filing of the affidavit and a copy of the filed affidavit by
20	26		registered or certified mail, return receipt requested, to:
21	27		(1) the judgment creditor's last known address;
22	28		(2) the address appearing in the judgment creditor's
23	29		pleadings in the action in which the judgment was rendered or
24	30		another court record, if that address is different from the
25	31		judgment creditor's last known address;
26	32		(3) the address of the judgment creditor's last known
27	33		attorney as shown in those pleadings or another court record; and
28	34		(4) the address of the judgment creditor's last known
29	35		attorney as shown in the records of the State Bar of Texas, if that
30	36		address is different from the address of the attorney as shown in
31	37		those pleadings or another court record.
32	38		(d) If a judgment debtor has filed a certificate of mailing
33	39		under Subsection (b) and a contradicting affidavit is not filed
34	40		under Subsection (e), a [A] bona fide purchaser or a mortgagee for
35	41		value or a successor or assign of a bona fide purchaser or mortgagee
36	42		for value may rely conclusively on an affidavit filed under
37	43		Subsection (b) for the 90-day period that begins on the 31st day
38	44		after the date the certificate of mailing was filed [if included
39	45		with the affidavit is evidence that:
40	46		[(1) the judgment debtor sent a letter and a copy of
41	47		the affidavit, without attachments and before execution of the
42	48		affidavit, notifying the judgment creditor of the affidavit and the
43	49		judgment debtor's intent to file the affidavit; and
44	50		[(2) the letter and the affidavit were sent by
45	51		registered or certified mail, return receipt requested, 30 or more
46	52		days before the affidavit was filed to:
47	53		[(A) the judgment creditor's last known address;
48	54		[(B) the address appearing in the judgment
49	55		creditor's pleadings in the action in which the judgment was
50	56		rendered or another court record, if that address is different from
51	57		the judgment creditor's last known address;
52	58		[(C) the address of the judgment creditor's last
53	59		known attorney as shown in those pleadings or another court record;
54	60		and
55	61		[(D) the address of the judgment creditor's last
56	62		known attorney as shown in the records of the State Bar of Texas, if
57	63		that address is different from the address of the attorney as shown
58	64		in those pleadings or another court record].
59	65		(e) An affidavit filed under Subsection (b) does not serve
60	66		as release of record of a judgment lien established under this
61	67		chapter with respect to a purchaser or mortgagee of real property
62	68		that acquires the purchaser's or mortgagee's interest from the
63	69		judgment debtor if, not later than the 30th day after the date a
64	70		certificate of mailing was filed under Subsection (b), [after] the
65	71		judgment creditor files a contradicting affidavit in the real
66	72		property records of the county in which the real property is located
67	73		asserting that:
68	74		(1) the affidavit or certificate of mailing filed by
69	75		the judgment debtor under Subsection (b) is untrue; or
70	76		(2) another reason exists as to why the judgment lien
71	77		attaches to the judgment debtor's property.
72	78		(f) An affidavit filed under Subsection (b) must be in
73	79		substantially the following form:
74	80		HOMESTEAD AFFIDAVIT AS RELEASE OF JUDGMENT LIEN
75	81		Before me, the undersigned authority, on this day personally
76	82		appeared __________ ("Affiant(s)") (insert name of one or more
77	83		affiants) who, being first duly sworn, upon oath states:
78	84		(1) My/our name is/are __________ (insert name of
79	85		Affiant(s)). I/we own the following described land ("Land"):
80	86		(describe the property claimed as homestead)
81	87		(2) This affidavit is made for the purpose of
82	88		effecting a release of that judgment lien recorded in __________
83	89		(refer to recording information of judgment lien) ("Judgment Lien")
84	90		as to the Land.
85	91		(3) The Land includes as its purpose use for a home for
86	92		Affiant(s) and is the homestead of Affiant(s), as homestead is
87	93		defined in Section 41.002, Property Code. The Land does not
88	94		exceed:
89	95		(A) 10 acres of land, if used for the purposes of
90	96		an urban home or as both an urban home and a place to exercise a
91	97		calling or business; or
92	98		(B) 200 acres for a family or 100 acres for a
93	99		single, adult person not otherwise entitled to a homestead, if used
94	100		for the purposes of a rural home.
95	101		(4) [Attached to this affidavit is evidence that:
96	102		[(A) Affiant(s) sent a letter and a copy of this
97	103		affidavit, without attachments and before execution of the
98	104		affidavit, notifying the judgment creditor in the Judgment Lien of
99	105		this affidavit and the Affiant(s)' intent to file for record this
100	106		affidavit; and
101	107		[(B) the letter and this affidavit were sent by
102	108		registered or certified mail, return receipt requested, 30 or more
103	109		days before this affidavit was filed to:
104	110		[(i) the judgment creditor's last known
105	111		address;
106	112		[(ii) the address appearing in the judgment
107	113		creditor's pleadings in the action in which the judgment was
108	114		rendered or another court record, if that address is different from
109	115		the judgment creditor's last known address;
110	116		[(iii) the address of the judgment
111	117		creditor's last known attorney as shown in those pleadings or
112	118		another court record; and
113	119		[(iv) the address of the judgment
114	120		creditor's last known attorney as shown in the records of the State
115	121		Bar of Texas, if that address is different from the address of the
116	122		attorney as shown in those pleadings or another court record.
117	123		[(5)] This affidavit serves as a release of the
118	124		Judgment Lien as to the Land in accordance with Section 52.0012,
119	125		Property Code.
120	126		Signed on this _____ day of __________, _____.
121	127		____________________
122	128		____________________
123	129		(Signature of Affiant(s))
124	130		State of __________
125	131		County of __________
126	132		SWORN TO AND SUBSCRIBED before me on the _________ day of
127	133		__________, 20___.
128	134		My commission expires:
129	135		______________________
130	136		_______________________________
131	137		Notary Public, State of Texas
132	138		Notary's printed name:
133	139		________________________________
134	140		(g) A certificate of mailing filed under Subsection (b) must
135	141		be in substantially the following form:
136	142		CERTIFICATE OF MAILING
137	143		OF HOMESTEAD AFFIDAVIT AS RELEASE OF JUDGMENT LIEN
138	144		Before me, the undersigned authority, on this day personally
139	145		appeared __________ ("Affiant(s)") (insert name(s) of Affiant(s))
140	146		who, being first duly sworn, upon oath state(s):
141	147		(1) My name is/Our names are __________ (insert
142	148		name(s) of Affiant(s)).
143	149		(2) On the ____ day of __________, 20__, Affiant(s)
144	150		caused a Homestead Affidavit as Release of Judgment Lien to be
145	151		recorded in __________ (refer to affidavit recording information)
146	152		("Affidavit").
147	153		(3) On the ____ day of __________, 20__, Affiant(s)
148	154		sent a letter and a copy of the Affidavit, notifying the judgment
149	155		creditor of the Affiant's homestead claim and the filing of the
150	156		Affidavit, by registered or certified mail, return receipt
151	157		requested, to:
152	158		(A) the judgment creditor's last known address;
153	159		(B) the address appearing in the judgment
154	160		creditor's pleadings in the action in which the judgment was
155	161		rendered or another court record, if that address is different from
156	162		the judgment creditor's last known address;
157	163		(C) the address of the judgment creditor's last
158	164		known attorney as shown in those pleadings or another court record;
159	165		and
160	166		(D) the address of the judgment creditor's last
161	167		known attorney as shown in the records of the State Bar of Texas, if
162	168		that address is different from the address of the attorney as shown
163	169		in those pleadings or another court record.
164	170		(4) Attached to this certificate are:
165	171		(A) a true and correct copy of the letter
166	172		described by Subdivision (3) of this certificate; and
167	173		(B) proof of mailing of the letter described by
168	174		Subdivision (3) of this certificate.
169	175		Signed on the _____ day of __________, 20 _____.
170	176		____________________
171	177		____________________
172	178		(Signature of Affiant(s))
173	179		State of __________
174	180		County of __________
175	181		SWORN TO AND SUBSCRIBED before me on the _________ day of
176	182		__________, 20___.
177	183		My commission expires:
178	184		______________________
179	185		_______________________________
180	186		Notary Public, State of Texas
181	187		Notary's printed name:
182	188		________________________________
183	189		SECTION 2. Section 157.3171(c), Family Code, is amended to
184	190		read as follows:
185	191		(c) For purposes of Section 52.0012(d) [52.0012(d)(2)],
186	192		Property Code, and the requirements of the certificate of mailing
187	193		prescribed [associated text in the affidavit required] by Section
188	194		52.0012(g) [52.0012(f)], Property Code, the obligor is required
189	195		only to send the letter and affidavit described in Section
190	196		52.0012(g) [those provisions] to the claimant under the child
191	197		support lien at the claimant's last known address.
192	198		SECTION 3. The change in law made by this Act applies only
193	199		to an affidavit filed under Section 52.0012(b), Property Code, as
194	200		amended by this Act, on or after the effective date of this Act. An
195	201		affidavit filed under Section 52.0012(b), Property Code, as amended
196	202		by this Act, before the effective date of this Act is governed by
197	203		the law in effect immediately before that date, and that law is
198	204		continued in effect for that purpose.
199	205		SECTION 4. This Act takes effect September 1, 2021.
200		-	______________________________ ______________________________
201		-	President of the Senate Speaker of the House
202		-	I certify that H.B. No. 3115 was passed by the House on May
203		-	11, 2021, by the following vote: Yeas 145, Nays 0, 1 present, not
204		-	voting.
205		-	______________________________
206		-	Chief Clerk of the House
207		-	I certify that H.B. No. 3115 was passed by the Senate on May
208		-	27, 2021, by the following vote: Yeas 31, Nays 0.
209		-	______________________________
210		-	Secretary of the Senate
211		-	APPROVED: _____________________
212		-	Date
213		-	_____________________
214		-	Governor
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