Sec. 355.156. AFFIDAVIT REQUIRED FOR FORECLOSURE. An application by a claim holder under Section 355.155(b)(3) to foreclose the claim holder's mortgage, lien, or security interest on property securing a claim allowed, approved, and fixed under Section 355.151(a)(2) must be supported by the claim holder's affidavit that:
(1) describes the property or part of the property to be sold by foreclosure;
(2) describes the amounts of the claim holder's outstanding debt;
(3) describes the maturities that have accrued on the debt according to the terms of the debt;
(4) describes any other debts secured by a mortgage, lien, or security interest against the property that are known by the claim holder;
(5) contains a statement that the claim holder has no knowledge of the existence of any debt secured by the property other than those described by the application; and
(6) requests permission for the claim holder to foreclose the claim holder's mortgage, lien, or security interest.
Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.
Structure Texas Statutes
Title 2 - Estates of Decedents; Durable Powers of Attorney
Subtitle H - Continuation of Administration
Chapter 355 - Presentment and Payment of Claims
Subchapter D. Presentment and Payment of Secured Claims for Money
Section 355.151. Option to Treat Claim as Matured Secured Claim or Preferred Debt and Lien
Section 355.152. Period for Specifying Treatment of Secured Claim
Section 355.153. Payment of Matured Secured Claim
Section 355.154. Preferred Debt and Lien
Section 355.155. Payment of Maturities on Preferred Debt and Lien
Section 355.1551. Claim Holder Duty to Possess or Sell Within Reasonable Time
Section 355.156. Affidavit Required for Foreclosure
Section 355.157. Citation on Application
Section 355.158. Hearing on Application
Section 355.159. Manner of Foreclosure; Minimum Price
Section 355.160. Unsuccessful Foreclosure; Subsequent Application