Seller's Bona Fide Transaction Affidavit (Abandoned Homestead Sale)

SELLER’S BONA FIDE TRANSACTION AFFIDAVIT
(Abandoned Homestead Sale)

            BEFORE ME, the undersigned authority, on this      day of             , 20      , personally appeared               , hereinafter called “SELLER”, an adult person who, being first duly sworn, said and deposed that the following statements are true and correct as matters of his/her personal knowledge:

1.      SELLER has contracted to sell to                as purchaser, hereinafter called “Purchaser”, the property located at [physical address], hereinafter called “the Property” and more fully described as follows: [legal description].

2.            The current transaction between SELLER and Purchaser is a bona fide transaction for sale and purchase of the Property.  The Earnest Money Contract entered into by SELLER and Purchaser is a bona fide contract intended by the parties to be complied with in all respects.

3.            The Property previously constituted all or part of SELLER’s homestead under the Texas Constitution and related statutes.  SELLER has vacated the Property, having physically moved from it on [date] and declares that the Property was abandoned by him/her as homestead on that date.  SELLER has removed all personal property owned by SELLER from the Property.  Ownership of any personal formerly owned by SELLER which is still located on the Property has been formally transferred to [name(s)] by Bill of Sale in each case, a true and correct copy of which is attached to this Affidavit.     

4.            SELLER now resides at [physical address], which is either owned or leased by SELLER and constitutes SELLER’s actual residence from which SELLER has no current intention of moving.  If SELLER’S current residence is leased, a copy of SELLER’s written lease agreement is attached.  All utility accounts associated with this residence are in the name of SELLER.  Attached to this Affidavit are two (2) representative utility bills confirming this fact.

5.            SELLER has no intention of re-occupying the Property at any time and will not re-occupy the Property.  There are no agreements between SELLER and Purchaser under which SELLER would be allowed to re-occupy the Property at a later time.  To the best of SELLER’s knowledge and belief, Purchaser and/or his/her family or tenant(s) will be the sole occupants of the Property subsequent to the closing the current sale/purchase transaction.

SELLER acknowledges his/her understanding that [issuing title agent’s name] and Stewart Title Guaranty Company are both relying on the truth of the statements contained in this Affidavit as a specific inducement by SELLER for the issuance of one or more Policies of Title Insurance without exception to issues of homestead created by the existence of a family relationship between SELLER and Purchaser.

 This Affidavit is made under penalties of perjury.                           

                                                                        
                          [seller’s name]

SUBSCRIBED AND SWORN TO before me, the undersigned authority, by [seller’s name] on this               day of              , 20      .

                                                                                                                             
                                                                     Notary Public, State of Texas