§ 65.043.Affidavit

The affidavit, and what it demands is the price of the exemption.

Complete information is required about each and every person liable for the indebtedness or with an ownership interest in the homestead, across eight categories.

Identity; income from employment, dividends, interest and any other source other than a government entitlement; spouse’s income if known; description and estimated value of real and personal property other than the homestead; cash and checking account; debts and monthly expenses; dependents; and any transfer of money or property worth more than $1,000 made within one year without fair consideration.

The last item is looking for something specific. A person who gave away assets before pleading inability to pay has a different case, and the disclosure surfaces it.

Excluding government entitlement income from the income disclosure matches the contest provision, which forbids the court to consider it.

The affidavit must state prescribed words, and the second sentence is the striking one: "All financial information that I provided to the lender was true and complete and contained no false statements or material omissions at the time it was provided to the lender."

That is not about ability to pay at all. It requires the homeowner to swear to the accuracy of the loan application, on penalty of perjury, as a condition of obtaining the bond exemption.

The provision assumes a borrower who misstated income to obtain the loan should not have this relief — a condition to weigh carefully before signing.

Both spouses must execute the affidavit where the applicant is married, which follows from the homestead being community property in most cases.

The affidavit must be verified, so the whole of it is sworn.