West’s bill for a fast ruling on suspect deeds

The text as introduced · 1,409 words

89R11320 JBD-F

By: West
S.B. No. 1853

A BILL TO BE ENTITLED

AN ACT

relating to an action to determine the 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. 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) 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 a copy

of the document or instrument.

(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 owner of 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)(2), 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 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 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 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

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. 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 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:

(1) DOES assert a claim against real property or an

interest in real property;

(2) IS specifically provided for by a provision of the

constitution or statutes of this state or the United States;

(3) IS:

(A) created by the implied or express consent of

the owner of the real property or an interest in real property, if

required under the laws of this state, or by the consent of an

agent, fiduciary, or other representative of the owner; or

(B) a conveyance imposed by a court of competent

jurisdiction; and

(4) DOES convey title to real property or an interest

in real property.

_______ The document or instrument attached to the motion herein:

(1) DOES NOT assert a claim against real property or an

interest in real property;

(2) IS NOT specifically provided for by a provision of

the constitution or statutes of this state or the United States; or

(3) IS NOT:

(A) created by the implied or express consent of

the owner of the real property or an interest in real property, if

required under the laws of this state, or by the consent of an

agent, fiduciary, or other representative of the owner; or

(B) a conveyance imposed by a court of competent

jurisdiction. The document or instrument DOES NOT convey title to

real property or an interest in real property.

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 2. This Act takes effect immediately if it receives

a vote of two-thirds of all the members elected to each house, as

provided by Section 39, Article III, Texas Constitution. If this

Act does not receive the vote necessary for immediate effect, this

Act takes effect September 1, 2025.