Anchía’s bill on fake deeds and liens

The text as introduced · 1,101 words

89R4148 JTZ-D

By: Anchía
H.B. No. 4558

A BILL TO BE ENTITLED

AN ACT

relating to the filing or recording of documents or instruments

conveying or purporting to convey an interest in real or personal

property.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Sections 51.901(a), (c), and (d), Government

Code, are amended to read as follows:

(a) If a clerk of the supreme court, clerk of the court of

criminal appeals, clerk of a court of appeals, district clerk,

county clerk, district and county clerk, or municipal clerk has a

reasonable basis to believe in good faith that a document or

instrument previously filed or recorded or offered or submitted for

filing or for filing and recording is fraudulent, the clerk shall:

(1) if the document is a purported judgment or other

document purporting to memorialize or evidence an act, an order, a

directive, or process of a purported court, provide written notice

of the filing, recording, or submission for filing or for filing and

recording to the stated or last known address of the person against

whom the purported judgment, act, order, directive, or process is

rendered; or

(2) if the document or instrument purports to create a

lien against or assert a claim to [ on real or personal property ] or

an interest in real or personal property, provide written notice of

the filing, recording, or submission for filing or for filing and

recording to the stated or last known address of :

(A) the person named in the document or

instrument as the grantor, obligor , or debtor , and to any person

named as the grantee or as owning or acquiring any interest in the

real or personal property described in the document or instrument ;

and

(B) as applicable, the last known owner of the

property if that owner's address is different from the address of

the grantor, obligor, or debtor named in the document or

instrument .

(c) For purposes of this section, a document or instrument

is presumed to be fraudulent if:

(1) the document is a purported judgment or other

document purporting to memorialize or evidence an act, an order, a

directive, or process of:

(A) a purported court or a purported judicial

entity not expressly created or established under the constitution

or the laws of this state or of the United States; or

(B) a purported judicial officer of a purported

court or purported judicial entity described by Paragraph (A);

(2) the document or instrument purports to create a

lien against or assert a claim to [ against real or personal

property ] or an interest in real or personal property and:

(A) is not a document or instrument provided for

by the constitution or laws of this state or of the United States;

(B) is not created by implied or express consent

or agreement of the grantor, obligor, debtor, or the owner of the

real or personal property or an interest in the real or personal

property, if required under the laws of this state, or by implied or

express consent or agreement of an agent, fiduciary, or other

representative of that person; or

(C) is not an equitable, constructive, or other

lien imposed by a court with jurisdiction created or established

under the constitution or laws of this state or of the United

States; or

(3) the document or instrument purports to create a

lien or assert a claim against real or personal property or an

interest in real or personal property and the document or

instrument is filed by an inmate or on behalf of an inmate.

(d) If a county clerk believes in good faith that a document

or instrument filed , recorded, or submitted for filing or recording

with the county clerk to create a lien against or assert a claim to

or an interest in real or personal property is fraudulent, the clerk

shall:

(1) request the assistance of the county or district

attorney to determine whether the document is fraudulent before

filing or recording the document;

(2) request that the prospective filer provide to the

county clerk additional documentation supporting the existence of

the lien , claim, or interest , such as a contract or other document

that contains the signature of the alleged owner, debtor , grantor,

or obligor [ obligor's signature ]; [ and ]

(3) forward any additional documentation received to

the county or district attorney ; and

(4) refuse to file or record the document or

instrument submitted for filing or recording if:

(A) the district or county attorney whose

assistance the clerk requested under Subdivision (1) determines

there is probable cause to believe the document or instrument is

fraudulent; or

(B) the prospective filer does not provide the

clerk the additional documentation requested under Subdivision

(2) .

SECTION 2. Section 12.003(b), Civil Practice and Remedies

Code, is amended to read as follows:

(b) Notwithstanding any other law, a person or a person

licensed or regulated by Title 11, Insurance Code (the Texas Title

Insurance Act), does not have a duty to disclose a fraudulent, as

described by Section 51.901(c), Government Code, court record,

document, or instrument purporting to create a lien against or

[ purporting to ] assert a claim to [ on real property ] or an interest

in real property in connection with a sale, conveyance, mortgage,

or other transfer of the real property or interest in real property.

SECTION 3. Section 12.001(b), Property Code, is amended to

read as follows:

(b) An instrument conveying real property may not be

recorded unless it is :

(1) signed and acknowledged or sworn to by the grantor

in the presence of two or more credible subscribing witnesses ; and

(2) [ or acknowledged or ] sworn to before and certified

by an officer authorized to take acknowledgements or oaths[ , as

applicable ].

SECTION 4. The changes in law made by this Act apply only to

a document or instrument conveying or purporting to convey an

interest in real or personal property filed, recorded, or offered

for filing or recording on or after the effective date of this Act.

A document or instrument conveying or purporting to convey an

interest in real or personal property filed, recorded, or offered

for filing or recording before the effective date of this Act is

governed by the law in effect on the day the document or instrument

was filed, recorded, or offered for filing or recording, and the

former law is continued in effect for that purpose.

SECTION 5. This Act takes effect September 1, 2025.