Texas case law precedent holds that the homestead of a borrower can be established even without a written designation. Blake v. Fuller, 184 184 S.W.2d 148,151 [Tex. Civ. App. 1944].
The TX Homestead Affidavit, Cx19609, was created to satisfy the provisions of Tex. Const. art. 16, § 50(d), which allows a lender to rely on an affidavit that designates a property as the homestead of a borrower. Since neither case law nor the constitutional provision required recording, Docutech did not include the Affidavit in the recordable document page count.
Alternatively, Tex. Prop. Code § 41.005(c) allows a person to designate a property as a homestead by recording an instrument that is signed and acknowledged.
Accordingly, Docutech has updated the logic behind Cx19609 so that our recordable document page count service includes this document as recordable and thereby meeting the requirements of TX Prop. Code 41.005(c).
This document is currently assignable only upon request, so clients who are currently assigned to this document, and any clients wishing to use this document, need to be aware that it will now be added to the recordable page count.
These changes are available now for testing on Stage & Stage 2 servers and will take effect in Production on November 6, 2024. If you have any questions or concerns about these changes, please contact Client Support at 1.800.497.3584.
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