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Texas Statutes (Last Updated: January 4, 2014) |
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ESTATES CODE |
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Title 2. ESTATES OF DECEDENTS; DURABLE POWERS OF ATTORNEY |
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Subtitle H. CONTINUATION OF ADMINISTRATION |
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Chapter 355. PRESENTMENT AND PAYMENT OF CLAIMS |
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Subchapter D. PRESENTMENT AND PAYMENT OF SECURED CLAIMS FOR MONEY |
Sec. 355.156. AFFIDAVIT REQUIRED FOR FORECLOSURE
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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.