Chattel Mortgage Form With Affidavit Of Good Faith In Bexar
Description
Form popularity
FAQ
AFFIDAVIT OF GOOD FAITH. We, the undersigned MORTGAGOR and MORTGAGEE, severally swear that the foregoing mortgage is made for the purpose of securing the obligation specified in the conditions thereof, and for no other purpose, and that the same is just and valid obligation and not entered into the purpose of fraud.
Implied covenant of good faith and fair dealing (often simplified to good faith) is a rule used by most courts in the United States that requires every party in a contract to implement the agreement as intended, not using means to undercut the purpose of the transaction.
We often see contractual obligations on parties to act in 'good faith'. For instance: The Company may, acting reasonably and in good faith, set off from any amount due to the Contractor, any amount due or which may become due to the Company under this Contract.
Good faith is a broad term that's used to encompass honest dealing. Depending on the exact setting, good faith may require an honest belief or purpose, faithful performance of duties , observance of fair dealing standards, or an absence of fraudulent intent .
In contract law, the implied covenant of good faith and fair dealing is a general presumption that the parties to a contract will deal with each other honestly, fairly, and in good faith, so as to not destroy the right of the other party or parties to receive the benefits of the contract.
A hearing is set for the county judge to take testimony in support of the facts set out in the Affidavit. If the judge is satisfied with the truthfulness and completeness of the Affidavit, he or she will sign an order approving the Small Estate Affidavit.
Where do I turn in a Small Estate Affidavit? SEAs must be filed in the court that has jurisdiction and venue over the estate. In Texas, this is usually the county where the decedent had a fixed place of residence and lived in at the time of death.
It must be filed in the county clerk's office where the property is located. This will help establish a clear chain of title and allow the heirs to sell the property. Courts often have specific rules about small estate affidavits.
Procedures: Please e-file all appropriate documents for your case with the Bexar County Probate Clerk's office, including Proposed Orders, Judgments, Affidavits of Heirship, and Proof of Death for review.
