You are on page 1of 2

AFFIDAVIT OF INABILITY TO PAY IN SUPPORT OF REQUEST FOR ISSUANCE OF TEMPORARY RESTRAINING ORDER

STATE OF TEXAS COUNTY OF MONTGOMERY

Holly Helms seeks a temporary restraining order to enjoin Mortgage

Electronic Registration Systems, Inc.,MERS as nominee for lender and lenders successors and assigns, Bank of America N.A., Federal National Mortgage Association, A/K/A Fannie Mae, BAC Home Loans Servicing, Formerly Known As Countrywide Home Loans Servicing LP, Barrett, Daffin, Frappier, Turner, & Engel, LLP, and JOHN DOE 1-100 DEFENDENTS, from evicting the applicant from residential homestead. Since I am indigent and unable to post a bond, I request that the Court issue the order without bond, under the authority of Chapter 65, Subchapter E of the Civil Practice and Remedies Code, and in support of this request state as follows: 1. My name is Holly Helms 2. I reside currently at 3610 Garrison Run Drive, Spring, Texas, 77386, my residential homestead. 3. I am the only person liable for the indebtness secured by or with an ownership interest in the residential homestead. 4. My income and assets are as follows: a. I am currently employed as a Master Control Operator at Fox Network Center-The Woodlands at a gross salary of $3360. b. I have no income from dividends, interest, or any other source. c. I have no real property. d. My personal property consists of a 2006 Hyundai worth $1900. e. I have approximately $60 dollars in cash. f. My only bank account, Fidelity Investments, currently contains $200 1. My debts and monthly expenses consist of the following: Utilities $800, car payment $245, Clothing $200, Transportation $250, and Food $700.

2. I have four dependents, a sixteen year old son, Brandon, a fourteen

year old daughter, Karen, a five year old daughter, Alyssa, and a eight month old son, Levi. 3. I have not transferred to any person money or other property within a one year of the date of this affidavit. 4. I am not financially able to post a bond to cover any judgment against me in this case. All the financial information that I provided to the lender was true and complete and contained no false statements or material ommisions at the time it was provided to the lender. On oath and under penalty or perjury, the statements made in this affidavit are true. ______________________________ Affiant SUBSCRIBED AND SWORN TO BEFORE me, on this _________day of August, 2011. ________________________ Notary Public of Texas My commission expires:

You might also like