Allen, TX asked in Bankruptcy, Contracts, Foreclosure and Civil Litigation for Texas

Q: I require an affidavit as evidence of ownership interest. And, a contract to transfer cause of action in a controversy.

As a Texas resident, what must such an affidavit conform to. For example, It's form, substance, content of an affidavit (ex. must say in the name of the state of Texas, must have a particular sentence, must require a notary signature, etc.).

2 Lawyer Answers

A: It depends upon the purpose and intended use of the affidavit.

One form of such an affidavit can be found here: https://www.houstontx.gov/generalservices/affidavitofownershiporcontrol.pdf

James L. Arrasmith
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Answered

A: In Texas, your affidavit must begin with "State of Texas, County of [your county]" and include a clear statement of the facts you're swearing to, written in the first person. The document needs to contain the phrase "sworn and subscribed before me" along with your signature and the date.

For legal validity, your affidavit must be signed in the presence of a notary public, who will then add their signature, official seal, and commission expiration date. The content should be specific, factual, and based on personal knowledge rather than hearsay or speculation. When dealing with ownership interests or transfers of causes of action, you'll need to clearly state your relationship to the property or legal matter and provide relevant details about the transfer.

The format should be clean and professional, with numbered paragraphs for each distinct fact or statement. Remember to use clear, straightforward language and avoid legal conclusions - stick to observable facts that you can personally verify. For a transfer of cause of action, you'll also need to include specific details about the controversy, including relevant dates, parties involved, and the nature of the dispute being transferred.

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