83R13532 YDB-F
By: Rodriguez of Travis H.B. No. 3462
A BILL TO BE ENTITLED
AN ACT
relating to the judicial review of a document or an instrument
purporting to create a lien or claim.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 51.903(a), Government Code, is amended
to read as follows:
(a) A person who is the purported debtor or obligor or who
owns real or personal property or an interest in real or personal
property and who has reason to believe that the document purporting
to create a lien or a claim, including an assignment or transfer of
the lien or claim, against the real or personal property or an
interest in the real or personal property previously filed or
submitted for filing and recording is fraudulent may complete and
file with the district clerk a motion, verified by affidavit by a
completed form for ordinary certificate of acknowledgment, of the
same type described by Section 121.007, Civil Practice and Remedies
Code, that contains, at a minimum, the information in the following
suggested form:
MISC. DOCKET NO. ______ MISC. DOCKET NO. ______
MISC. DOCKET NO. ______
In Re: A Purported In the ______ Judicial District In Re: A Purported In the ______ Judicial District
In Re: A Purported In the ______ Judicial District
Lien or Claim Against In and For ___________________ Lien or Claim Against In and For ___________________
Lien or Claim Against In and For ___________________
(Name of Purported County, Texas (Name of Purported County, Texas
(Name of Purported County, Texas
Debtor) Debtor)
Debtor)
Motion for Judicial Review of Documentation or Instrument
Purporting to Create a Lien or Claim
Now Comes (name) and files this motion requesting a judicial
determination of the status of documentation or an instrument
purporting to create an interest in real or personal property or a
lien or claim on real or personal property or an interest in real or
personal property filed in the office of the 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 obligor or debtor or
person who owns the real or personal property or the interest in
real or personal property described in the documentation 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 received and filed and recorded the documentation or
instrument attached hereto and containing (number) pages. Said
documentation or instrument purports to have created a lien on real
or personal property or an interest in real or personal property
against one (name of purported debtor).
III.
Movant alleges that the documentation or instrument attached
hereto is fraudulent, as defined by Section 51.901(c)(2),
Government Code, and that the documentation or instrument should
therefore not be accorded lien status.
IV.
Movant attests that 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 lien. 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
documentation or instrument and enter an order determining whether
it should be accorded lien status, together with such other orders
as the court deems appropriate.
Respectfully submitted,
_________________________
(Signature and typed name and address)
SECTION 2. Section 51.903(a), Government Code, as amended
by this Act, applies only to a motion for judicial review of a
document or an instrument purporting to create a lien or claim filed
under that section on or after the effective date of this Act. A
motion filed before that date is governed by the law in effect
immediately before the effective date of this Act, and that law is
continued in effect for that purpose.
SECTION 3. This Act takes effect September 1, 2013.
MISC. DOCKET NO. ______
In Re: A Purported In the ______ Judicial District
Lien or Claim Against In and For ___________________
(Name of Purported County, Texas
Debtor)