Texas Administrative Code › Title 7 - BANKING AND SECURITIES › Part 5 - OFFICE OF CONSUMER CREDIT COMMISSIONER › Chapter 89 - PROPERTY TAX LENDERS › Subchapter G - TRANSFER OF TAX LIEN › Section 89.701 - Sworn Document Authorizing Transfer of Tax Lien

Current through Reg. 49, No. 28; July 12, 2024
(a) Required information. A sworn document
				  containing all of the required information provided by this subsection meets
				  the requirements of Texas Tax Code, §
										RSA
				  32.06(a-1). A sworn document
				  under this section must contain the following information:
(1) the name of the county where the property
				  is located;
(2) a statement that
				  the document is to be returned to the transferee;
(3) a statement by a notary public
				  identifying the affiant(s), either property owner(s) or authorized
				  representative(s), and stating that the affiant(s) personally appeared before
				  the notary and made the statements under oath;
(4) a statement by the property owner(s) or
				  authorized representative(s) that the affiant(s) is over 18 years of age and is
				  capable of making the affidavit, and that the facts stated in the affidavit are
				  within the affiant(s)' personal knowledge and are true and correct;
(5) a statement by the affiant(s) that either
				  the affiant(s) or the entities represented by the affiant(s) owns the real
				  property described in the document;
(6) a description of the property that
				  includes:
(A) the account number or property
				  identification number used by the taxing unit(s);
(B) the legal description of the property;
				  and
(C) the street address of the
				  property, if applicable;
(7) the amount paid for the
				  transfer;
(8) the tax years for the
				  amount paid;
(9) the transferee's
				  name;
(10) the transferee's license
				  status, evidenced by:
(A) if licensed, the
				  transferee's OCCC property tax lender license number; or
(B) if exempt from licensing under Texas
				  Finance Code, §
												RSA
				  351.051(c)(1):
(i) an affidavit stating the entity's type of
				  organization that qualifies it for the exemption;
(ii) any charter number assigned by the
				  governmental authority that issued the entity's charter; and
(iii) the address of the entity's main
				  office; or
(C) if exempt
				  from licensing under Texas Finance Code, §
												RSA
				  351.051(c)(2), the
				  certificate issued by the OCCC indicating the entity's exemption;
(11) the transferee's street
				  address;
(12) the following
				  statement: "Pursuant to Texas Tax Code §
											RSA
				  32.06, I hereby authorize the above-named
				  transferee or transferee's agent (the "Transferee"), to pay all taxes,
				  penalties, interest, and collection costs imposed by any and all local taxing
				  units or their agents on the real property, described above, for the tax years
				  listed above. I further authorize and direct the tax assessor-collector(s) for
				  said taxing units to issue a tax receipt with the collector's seal of office or
				  notarized signature to the Transferee and to certify that the taxes and any
				  penalties and interest on the subject property and collection costs have been
				  paid by the Transferee on behalf of the owner, and the tax lien on the owner's
				  property has been transferred to the Transferee.";
(13) the following statement: "I have been
				  given notice that if this property is my homestead and I am disabled, I may be
				  eligible for a tax deferral under Texas Tax Code §
											RSA
				  33.06.";
(14) the date the document was
				  signed;
(15) the signature and
				  printed name of the property owner or authorized representative;
(16) the representative capacity or title of
				  the authorized representative, if applicable; and
(17) the notary public's seal and
				  signature.