Chattel Mortgage Form With Affidavit Of Good Faith In Texas
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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.
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.
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.
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 .
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.
A chattel mortgage must adhere to a prescribed form and execution process: It must be signed by the mortgagor in the presence of two witnesses. An affidavit affirming the mortgage's purpose and validity must be included and signed by the parties involved. The affidavit must be certified by an authorized officer.
You do not have to record the deed to make the transfer valid between the parties. However, as described above, the grantee will want to record the deed as soon as possible after receiving delivery.
(a) Except as provided by this chapter, any property of a ward may not be sold without a court order authorizing the sale.
1151.0525. ACCESS AND MANAGEMENT OF WARD'S FUNDS BY GUARDIAN OF PERSON. (a) This section applies only to the guardian of the person of a ward for whom the court has not appointed a guardian of the estate.
So, put simply, if your deed was not recorded or you have discovered unrecorded deeds in your chain of title, there is no need to worry. The deeds themselves will still be valid and you can file correction instruments to correct any mistakes.