From what we've seen, most newspapers are charging an extra fee for an affidavit. The affidavit is helpful, but not required by law.
If you are foreclosing on a vehicle, it may be helpful as you continue the process with TDMV, but currently the TDMV forms state proof as "a legible photocopy of the newspaper publication, including the name and date of publication."
I encourage all members to get to know who represents you in the Texas House and Senate and share your feedback on the rising cost and declining circulation of newspapers, and our need to update this requirement. Self-storage owners have been singled out as the only private industry with this requirement. Lien sales are not a profit source and are typically a last resort to clear the space in order to rent the space to a paying customer. The cost of the required newspaper ad typically exceeds any income received from the lien sale and is an unnecessary added expense. The newspapers always benefit financially from lien sales, while facility owners almost always lose money. You can find out who represents you by entering your address at Who Represents Me?.
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Kristy Spurr
Executive Director
Texas Self Storage Association
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