This template non-homestead affidavit and designation of homestead may be used by a mortgage lender in Texas. This template includes practical guidance, drafting notes, and alternate and optional clauses. In Texas, homestead property is exempt from a forced sale for the payment of all debts and liens except for those debts and liens specifically enumerated in the Texas constitution. See Tex. Const. Art. XVI, § 50(a). Texas lenders often require the borrower to execute this affidavit, particularly if the borrower owns more than one property in Texas or if the loan will be secured by the borrower's non-homestead property. Although the affidavit alone will not establish the property as non-homestead property as a matter of law, under certain conditions it will generally serve to estop the borrower/owner from asserting a homestead claim. A purchaser or lender without actual knowledge is entitled to rely on the sworn affidavit of a borrower that designates other property as the borrower's homestead. See Tex. Const. Art. XVI, § 50(d). See also Sanchez v. Telles, 960 S.W.2d 762, 771 (Tex. App. 1997). For more information on homestead protection in Texas see Homestead Protections (TX) and 18 Texas Transaction Guide--Legal Forms § 80.20 et seq.