Texas Senate Bill SB887

Texas 2013 - 83rd Regular

Caption

Relating to certain correction instruments in the conveyance of real property.

Impact

The amendments introduced by SB887 aim to streamline the process of correcting recorded real property documents, which is crucial for maintaining accurate records in the real estate sector. By providing a clearer framework for making corrections, the bill seeks to prevent future disputes over property rights that may arise from clerical errors. Furthermore, it enhances the reliability of property records, which can be significantly beneficial for bona fide purchasers looking to confirm the legal status of the property.

Summary

SB887 proposes amendments to the Texas Property Code, specifically targeting the correction instruments used in the conveyance of real property. The bill allows individuals who have personal knowledge of relevant facts to prepare and execute correction instruments to make nonmaterial changes resulting from clerical or inadvertent errors. This includes corrections to legal descriptions, inaccuracies in party names, or any missing clarifications that may affect the conveyance.

Contention

Although the bill was passed unanimously in the House, there may still be concerns regarding its implementation. Critics might argue that the broad authority given to individuals to correct records could lead to potential misuse or abuse, particularly in cases where inaccuracies are willfully overlooked. Additionally, there is ongoing discussion about the balance between simplifying the correction process and ensuring adequate checks to prevent fraudulent alterations of property records, which could undermine the integrity of property transactions.