The text as introduced · 2,566 words
89R5453 JBD-D
By: West
S.B. No. 1734
A BILL TO BE ENTITLED
AN ACT
relating to status of certain documents or instruments purporting
to convey title to or an interest in real property.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 51.901(c), Government Code, is amended
to read as follows:
(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 or assert a claim 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 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 ; or
(4) the document or instrument purports to convey
title to or an interest in real property and:
(A) a person has been convicted of an offense
under Title 7 or Title 8, Penal Code, for conduct with respect to
the document or instrument; or
(B) the document or instrument is the subject of
an owner's affidavit and certificate of mailing filed and recorded
in accordance with Section 5.0206, Property Code, and a
controverting affidavit was not timely filed for recording under
that section .
SECTION 2. Subchapter J, Chapter 51, Government Code, is
amended by adding Section 51.9035 to read as follows.
Sec. 51.9035. ACTION ON FRAUDULENT CONVEYANCE. (a)
Subject to Section 5.0206(c), Property Code, an owner of real
property who has reason to believe that a document or instrument
purporting to convey title to or an interest in the real property
and recorded in the real property records is fraudulent may
complete and file with the district clerk of the county in which the
document or instrument is recorded a motion, verified as required
by Subsection (c), to which the movant has attached:
(1) a copy of the document or instrument; and
(2) documentary evidence of:
(A) a person's conviction of an offense under
Title 7 or Title 8, Penal Code, for conduct with respect to the
document or instrument; or
(B) the filing and recording of an uncontroverted
owner's affidavit and certificate of mailing under Section 5.0206,
Property Code.
(b) A motion under Subsection (a) must contain, at a
minimum, the information in the following suggested form:
MISC. DOCKET NO. ______
In Re: A Purported
In the ______ Judicial District
Conveyance of Title
In and For ___________________
to or an Interest in
County, Texas
(Description of Real
Property)
Motion for Judicial Review of Document or Instrument Purporting to
Convey Title to or an Interest in Real Property
Now Comes (name) and files this motion requesting a judicial
determination of the status of a document or instrument purporting
to convey title to or an interest in real property filed in the
office of the County Clerk of (county name) County, Texas, and in
support of the motion would show the court as follows:
I.
(Name), movant herein, is the purported person who holds
title to the real property or the interest in the real property
described in the attached document or instrument.
II.
On (date), in the exercise of the county clerk's official
duties as County Clerk of (county name) County, Texas, the county
clerk recorded the document or instrument attached to this motion
and containing (number) pages. The attached document or instrument
purports to have conveyed title to or an interest in the real
property to (name of purported grantee).
III.
Movant alleges that the attached document or instrument is
fraudulent, as described by Section 51.901(c)(4), Government Code,
and that the document or instrument should therefore not be
considered to convey title to or an interest in the real property
described in the document or instrument.
IV.
Movant attests that the assertions herein are true and
correct.
V.
Movant does not request the court to make a finding as to any
underlying claim of the parties involved and acknowledges that this
motion does not seek to invalidate a legitimate conveyance. Movant
further acknowledges that movant may be subject to sanctions, as
provided by Chapter 10, Civil Practice and Remedies Code, if this
motion is determined to be frivolous.
PRAYER
Movant requests the court to review the attached document or
instrument, the attached documentary evidence, and any relevant
public records and enter an order determining whether the document
or instrument should be considered to convey title to or an interest
in the real property described in the document or instrument,
together with such other orders as the court deems appropriate.
Respectfully submitted,
_______________________
(Signature and typed name and address)
(c) A motion filed under Subsection (a) must be verified by
an affidavit in substantially the following form:
AFFIDAVIT
THE STATE OF TEXAS
COUNTY OF ______________
BEFORE ME, the undersigned authority, personally appeared
_____________, who, being by me duly sworn, deposed as follows:
"My name is _________________. I am over 21 years of age, of
sound mind, with personal knowledge of the following facts, and
fully competent to testify.
I further attest that the assertions contained in the
accompanying motion are true and correct."
Further affiant sayeth not.
____________________________
SUBSCRIBED and SWORN TO before
me, this _______ day of _____,
_______.
____________________________
NOTARY PUBLIC, State of Texas
Notary's printed name:
____________________________
My commission expires:
____________________________
(d) A motion under this section may be ruled on by a district
judge having jurisdiction over real property matters in the county
where the document or instrument described in the motion is
recorded. The district court may rule on the motion based solely on
a review of the attached document or instrument, the attached
documentary evidence, and any relevant public records without
hearing any testimonial evidence. The court's review may be made ex
parte without delay or notice of any kind. An appellate court shall
expedite review of a court's finding under this section.
(e) The district clerk may not collect a filing fee for
filing a motion under this section.
(f) After reviewing the attached document or instrument,
the attached evidence, and any relevant public records under this
section, the district judge shall enter an appropriate finding of
fact and conclusion of law, which must be filed for recording and
indexed in the same class of records in which the subject document
or instrument was originally recorded. A copy of the finding of
fact and conclusion of law shall be sent, by first class mail, to
the movant and to the person who filed the document or instrument
for recording at the last known address of each person within seven
days after the date that the finding of fact and conclusion of law
is issued by the judge.
(g) The county clerk may not collect a fee for filing a
district judge's finding of fact and conclusion of law under this
section.
(h) A suggested form for a district court's finding of fact
and conclusion of law under Subsection (f) is as follows:
MISC. DOCKET NO. ______
In Re: A Purported
In the ______ Judicial District
Conveyance of Title
In and For ___________________
to or an Interest in
County, Texas
(Description of Real
Property)
Judicial Finding of Fact and Conclusion of Law Regarding a Document
or Instrument Purporting to Convey Title to or an Interest in Real
Property
On the (number) day of (month), (year), in the above entitled
and numbered cause, this court reviewed a motion, verified by
affidavit, of (name) and the document or instrument attached to the
motion, the other documentary evidence attached to the motion, and
any relevant public records. No testimony was taken from any party,
nor was there any notice of the court's review, the court having
made the determination that a decision could be made solely on
review of the document or instrument, the other documentary
evidence, and public records under the authority vested in the
court under Subchapter J, Chapter 51, Government Code.
The court finds as follows (only an item checked and
initialed is a valid court ruling):
_______ The document or instrument attached to the motion herein
DOES convey title to or an interest in real property and:
(1) IS NOT the subject of a criminal conviction for an
offense under Title 7 or Title 8, Penal Code, for conduct with
respect to the document or instrument; and
(2) IS NOT the subject of an uncontroverted owner's
affidavit under Section 5.0206, Property Code.
_______ The document or instrument attached to the motion herein
DOES NOT convey title to or an interest in real property and:
(1) IS the subject of a criminal conviction for an
offense under Title 7 or Title 8, Penal Code, with respect to the
document or instrument; or
(2) IS the subject of an uncontroverted owner's
affidavit under Section 5.0206, Property Code.
This court makes no finding as to any underlying claims of the
parties involved, and expressly limits its finding of fact and
conclusion of law to the review of a ministerial act. The county
clerk shall record this finding of fact and conclusion of law in the
same class of records as the subject document or instrument was
originally filed, and the court directs the county clerk to index it
using the same names that were used in indexing the subject document
or instrument.
SIGNED ON THIS THE ________ DAY OF ____________________.
_______________________________
DISTRICT JUDGE
________ JUDICIAL DISTRICT
_____________ COUNTY, TEXAS
SECTION 3. Subchapter A, Chapter 5, Property Code, is
amended by adding Sections 5.0206 and 5.0207 to read as follows:
Sec. 5.0206. OWNER'S AFFIDAVIT REGARDING PURPORTED
CONVEYANCE OF TITLE OR INTEREST. (a) An owner of real property may
file for recording in the real property records of the county in
which a document or instrument purporting to convey title to or an
interest in the real property was recorded:
(1) an affidavit that substantially complies with
Subsection (e); and
(2) a certificate of mailing that substantially
complies with Subsection (f).
(b) A property owner who files an affidavit under Subsection
(a) shall send a copy of the filed affidavit and a letter notifying
the grantor and grantee of the purported conveyance of the filing of
the affidavit by registered or certified mail, return receipt
requested, to the grantor and grantee's last known addresses.
(c) If an affidavit and certificate of mailing are filed and
recorded under Subsection (a) and a controverting affidavit is not
filed for recording in the time provided by Subsection (d), the
property owner that filed the affidavit may bring a motion for a
district court ruling under Section 51.9035, Government Code.
(d) Not later than the 120th day after the date a
certificate of mailing was filed under Subsection (a), the grantor
or grantee of the purported conveyance may file for recording a
controverting affidavit in the real property records of the county
in which the real property is located asserting that:
(1) the affidavit or certificate of mailing filed by
the property owner under Subsection (a) is untrue; or
(2) another reason exists as to why the conveyance is
valid.
(e) An affidavit filed under Subsection (a) must be in
substantially the following form:
OWNER'S AFFIDAVIT REGARDING PURPORTED CONVEYANCE
Before me, the undersigned authority, on this day personally
appeared ("Affiant(s)") (insert name of one or more affiants) who,
being first duly sworn, upon oath states:
(1) My/our name is/are (insert name of Affiant(s)).
I/we own the following described real property ("Property"):
(describe the real property)
(2) This affidavit is made for the purpose of
establishing a presumption under Section 51.901(c)(4), Government
Code, that the document or instrument purporting to convey title to
or an interest in the Property recorded in __________ (refer to
recording information of the conveyance) ("Purported Conveyance")
is fraudulent and obtaining a district court's finding of fact and
conclusion of law under Section 51.9035, Government Code, that the
document or instrument does not convey title to or an interest in
the Property.
(3) Affiant(s) have not conveyed title to or an
interest in the Property to any grantee other than (list any
interests granted).
Signed on this _____ day of __________, _____.
____________________
____________________
(Signature of Affiant(s))
State of __________
County of __________
SWORN TO AND SUBSCRIBED before me on the _________ day of
__________, 20___.
My commission expires:
______________________
____________________________
Notary Public, State of Texas
Notary's printed name:
____________________________
(f) A certificate of mailing filed under Subsection (a) must
be in substantially the following form:
CERTIFICATE OF MAILING OF OWNER'S AFFIDAVIT REGARDING PURPORTED
CONVEYANCE
Before me, the undersigned authority, on this day personally
appeared ("Affiant(s)") (insert name(s) of Affiant(s)) who, being
first duly sworn, upon oath state(s):
(1) My name is/Our names are (insert name(s) of
Affiant(s)).
(2) On the ____ day of __________, 20__, Affiant(s)
caused an Owner's Affidavit Regarding Purported Conveyance to be
recorded in (refer to affidavit recording information)
("Affidavit").
(3) On the ____ day of __________, 20__, Affiant(s)
sent a letter and a copy of the Affidavit, notifying the grantor and
grantee of the purported conveyance of the Affiant's ownership
claim and the filing of the Affidavit, by registered or certified
mail, return receipt requested, to the grantor and grantee's last
known address.
(4) Attached to this certificate are:
(A) a true and correct copy of the letter
described by Subdivision (3) of this certificate; and
(B) proof of mailing of the letter described by
Subdivision (3) of this certificate.
Signed on the day of _________, 20 _____.
____________________
____________________
(Signature of Affiant(s))
State of __________
County of __________
SWORN TO AND SUBSCRIBED before me on the _________ day of
__________, 20___.
My commission expires:
______________________
____________________________
Notary Public, State of Texas
Notary's printed name:
____________________________
Sec. 5.0207. EFFECT OF CERTAIN COURT FINDINGS ON PURPORTED
CONVEYANCE OF TITLE OR INTEREST. A bona fide purchaser or a
mortgagee for value or a successor or assign of a bona fide
purchaser or mortgagee for value may rely conclusively on a
determination in a district court's finding of fact and conclusion
of law recorded under Section 51.9035, Government Code, that a
document or instrument does not convey title to or an interest in
the real property described in the document or instrument.
SECTION 4. This Act takes effect September 1, 2025.
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