Texas 2025 - 89th Regular

Texas House Bill HB4531 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	89R5453 JBD-D
2	2	By: Bhojani H.B. No. 4531
3	3
4	4
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to status of certain documents or instruments purporting
10	10	to convey title to or an interest in real property.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Section 51.901(c), Government Code, is amended
13	13	to read as follows:
14	14	(c) For purposes of this section, a document or instrument
15	15	is presumed to be fraudulent if:
16	16	(1) the document is a purported judgment or other
17	17	document purporting to memorialize or evidence an act, an order, a
18	18	directive, or process of:
19	19	(A) a purported court or a purported judicial
20	20	entity not expressly created or established under the constitution
21	21	or the laws of this state or of the United States; or
22	22	(B) a purported judicial officer of a purported
23	23	court or purported judicial entity described by Paragraph (A);
24	24	(2) the document or instrument purports to create a
25	25	lien or assert a claim against real or personal property or an
26	26	interest in real or personal property and:
27	27	(A) is not a document or instrument provided for
28	28	by the constitution or laws of this state or of the United States;
29	29	(B) is not created by implied or express consent
30	30	or agreement of the obligor, debtor, or the owner of the real or
31	31	personal property or an interest in the real or personal property,
32	32	if required under the laws of this state, or by implied or express
33	33	consent or agreement of an agent, fiduciary, or other
34	34	representative of that person; or
35	35	(C) is not an equitable, constructive, or other
36	36	lien imposed by a court with jurisdiction created or established
37	37	under the constitution or laws of this state or of the United
38	38	States; [or]
39	39	(3) the document or instrument purports to create a
40	40	lien or assert a claim against real or personal property or an
41	41	interest in real or personal property and the document or
42	42	instrument is filed by an inmate or on behalf of an inmate; or
43	43	(4) the document or instrument purports to convey
44	44	title to or an interest in real property and:
45	45	(A) a person has been convicted of an offense
46	46	under Title 7 or Title 8, Penal Code, for conduct with respect to
47	47	the document or instrument; or
48	48	(B) the document or instrument is the subject of
49	49	an owner's affidavit and certificate of mailing filed and recorded
50	50	in accordance with Section 5.0206, Property Code, and a
51	51	controverting affidavit was not timely filed for recording under
52	52	that section.
53	53	SECTION 2. Subchapter J, Chapter 51, Government Code, is
54	54	amended by adding Section 51.9035 to read as follows.
55	55	Sec. 51.9035. ACTION ON FRAUDULENT CONVEYANCE. (a)
56	56	Subject to Section 5.0206(c), Property Code, an owner of real
57	57	property who has reason to believe that a document or instrument
58	58	purporting to convey title to or an interest in the real property
59	59	and recorded in the real property records is fraudulent may
60	60	complete and file with the district clerk of the county in which the
61	61	document or instrument is recorded a motion, verified as required
62	62	by Subsection (c), to which the movant has attached:
63	63	(1) a copy of the document or instrument; and
64	64	(2) documentary evidence of:
65	65	(A) a person's conviction of an offense under
66	66	Title 7 or Title 8, Penal Code, for conduct with respect to the
67	67	document or instrument; or
68	68	(B) the filing and recording of an uncontroverted
69	69	owner's affidavit and certificate of mailing under Section 5.0206,
70	70	Property Code.
71	71	(b) A motion under Subsection (a) must contain, at a
72	72	minimum, the information in the following suggested form:
73	73	MISC. DOCKET NO. ______ MISC. DOCKET NO. ______
74	74	MISC. DOCKET NO. ______
75	75	In Re: A Purported In the ______ Judicial District In Re: A Purported In the ______ Judicial District
76	76	In Re: A Purported In the ______ Judicial District
77	77	Conveyance of Title In and For ___________________ Conveyance of Title In and For ___________________
78	78	Conveyance of Title In and For ___________________
79	79	to or an Interest in County, Texas to or an Interest in County, Texas
80	80	to or an Interest in County, Texas
81	81	(Description of Real (Description of Real
82	82	(Description of Real
83	83	Property) Property)
84	84	Property)
85	85	Motion for Judicial Review of Document or Instrument Purporting to
86	86	Convey Title to or an Interest in Real Property
87	87	Now Comes (name) and files this motion requesting a judicial
88	88	determination of the status of a document or instrument purporting
89	89	to convey title to or an interest in real property filed in the
90	90	office of the County Clerk of (county name) County, Texas, and in
91	91	support of the motion would show the court as follows:
92	92	I.
93	93	(Name), movant herein, is the purported person who holds
94	94	title to the real property or the interest in the real property
95	95	described in the attached document or instrument.
96	96	II.
97	97	On (date), in the exercise of the county clerk's official
98	98	duties as County Clerk of (county name) County, Texas, the county
99	99	clerk recorded the document or instrument attached to this motion
100	100	and containing (number) pages. The attached document or instrument
101	101	purports to have conveyed title to or an interest in the real
102	102	property to (name of purported grantee).
103	103	III.
104	104	Movant alleges that the attached document or instrument is
105	105	fraudulent, as described by Section 51.901(c)(4), Government Code,
106	106	and that the document or instrument should therefore not be
107	107	considered to convey title to or an interest in the real property
108	108	described in the document or instrument.
109	109	IV.
110	110	Movant attests that the assertions herein are true and
111	111	correct.
112	112	V.
113	113	Movant does not request the court to make a finding as to any
114	114	underlying claim of the parties involved and acknowledges that this
115	115	motion does not seek to invalidate a legitimate conveyance. Movant
116	116	further acknowledges that movant may be subject to sanctions, as
117	117	provided by Chapter 10, Civil Practice and Remedies Code, if this
118	118	motion is determined to be frivolous.
119	119	PRAYER
120	120	Movant requests the court to review the attached document or
121	121	instrument, the attached documentary evidence, and any relevant
122	122	public records and enter an order determining whether the document
123	123	or instrument should be considered to convey title to or an interest
124	124	in the real property described in the document or instrument,
125	125	together with such other orders as the court deems appropriate.
126	126	Respectfully submitted,
127	127	_______________________
128	128	(Signature and typed name and address)
129	129	(c) A motion filed under Subsection (a) must be verified by
130	130	an affidavit in substantially the following form:
131	131	AFFIDAVIT
132	132	THE STATE OF TEXAS
133	133	COUNTY OF ______________
134	134	BEFORE ME, the undersigned authority, personally appeared
135	135	_____________, who, being by me duly sworn, deposed as follows:
136	136	"My name is _________________. I am over 21 years of age, of
137	137	sound mind, with personal knowledge of the following facts, and
138	138	fully competent to testify.
139	139	I further attest that the assertions contained in the
140	140	accompanying motion are true and correct."
141	141	Further affiant sayeth not.
142	142	____________________________
143	143	SUBSCRIBED and SWORN TO before
144	144	me, this _______ day of _____,
145	145	_______.
146	146	____________________________
147	147	NOTARY PUBLIC, State of Texas
148	148	Notary's printed name:
149	149	____________________________
150	150	My commission expires:
151	151	____________________________
152	152	(d) A motion under this section may be ruled on by a district
153	153	judge having jurisdiction over real property matters in the county
154	154	where the document or instrument described in the motion is
155	155	recorded. The district court may rule on the motion based solely on
156	156	a review of the attached document or instrument, the attached
157	157	documentary evidence, and any relevant public records without
158	158	hearing any testimonial evidence. The court's review may be made ex
159	159	parte without delay or notice of any kind. An appellate court shall
160	160	expedite review of a court's finding under this section.
161	161	(e) The district clerk may not collect a filing fee for
162	162	filing a motion under this section.
163	163	(f) After reviewing the attached document or instrument,
164	164	the attached evidence, and any relevant public records under this
165	165	section, the district judge shall enter an appropriate finding of
166	166	fact and conclusion of law, which must be filed for recording and
167	167	indexed in the same class of records in which the subject document
168	168	or instrument was originally recorded. A copy of the finding of
169	169	fact and conclusion of law shall be sent, by first class mail, to
170	170	the movant and to the person who filed the document or instrument
171	171	for recording at the last known address of each person within seven
172	172	days after the date that the finding of fact and conclusion of law
173	173	is issued by the judge.
174	174	(g) The county clerk may not collect a fee for filing a
175	175	district judge's finding of fact and conclusion of law under this
176	176	section.
177	177	(h) A suggested form for a district court's finding of fact
178	178	and conclusion of law under Subsection (f) is as follows:
179	179	MISC. DOCKET NO. ______ MISC. DOCKET NO. ______
180	180	MISC. DOCKET NO. ______
181	181	In Re: A Purported In the ______ Judicial District In Re: A Purported In the ______ Judicial District
182	182	In Re: A Purported In the ______ Judicial District
183	183	Conveyance of Title In and For ___________________ Conveyance of Title In and For ___________________
184	184	Conveyance of Title In and For ___________________
185	185	to or an Interest in County, Texas to or an Interest in County, Texas
186	186	to or an Interest in County, Texas
187	187	(Description of Real (Description of Real
188	188	(Description of Real
189	189	Property) Property)
190	190	Property)
191	191	Judicial Finding of Fact and Conclusion of Law Regarding a Document
192	192	or Instrument Purporting to Convey Title to or an Interest in Real
193	193	Property
194	194	On the (number) day of (month), (year), in the above entitled
195	195	and numbered cause, this court reviewed a motion, verified by
196	196	affidavit, of (name) and the document or instrument attached to the
197	197	motion, the other documentary evidence attached to the motion, and
198	198	any relevant public records. No testimony was taken from any party,
199	199	nor was there any notice of the court's review, the court having
200	200	made the determination that a decision could be made solely on
201	201	review of the document or instrument, the other documentary
202	202	evidence, and public records under the authority vested in the
203	203	court under Subchapter J, Chapter 51, Government Code.
204	204	The court finds as follows (only an item checked and
205	205	initialed is a valid court ruling):
206	206	_______ The document or instrument attached to the motion herein
207	207	DOES convey title to or an interest in real property and:
208	208	(1) IS NOT the subject of a criminal conviction for an
209	209	offense under Title 7 or Title 8, Penal Code, for conduct with
210	210	respect to the document or instrument; and
211	211	(2) IS NOT the subject of an uncontroverted owner's
212	212	affidavit under Section 5.0206, Property Code.
213	213	_______ The document or instrument attached to the motion herein
214	214	DOES NOT convey title to or an interest in real property and:
215	215	(1) IS the subject of a criminal conviction for an
216	216	offense under Title 7 or Title 8, Penal Code, with respect to the
217	217	document or instrument; or
218	218	(2) IS the subject of an uncontroverted owner's
219	219	affidavit under Section 5.0206, Property Code.
220	220	This court makes no finding as to any underlying claims of the
221	221	parties involved, and expressly limits its finding of fact and
222	222	conclusion of law to the review of a ministerial act. The county
223	223	clerk shall record this finding of fact and conclusion of law in the
224	224	same class of records as the subject document or instrument was
225	225	originally filed, and the court directs the county clerk to index it
226	226	using the same names that were used in indexing the subject document
227	227	or instrument.
228	228	SIGNED ON THIS THE ________ DAY OF ____________________.
229	229	_______________________________
230	230	DISTRICT JUDGE
231	231	________ JUDICIAL DISTRICT
232	232	_____________ COUNTY, TEXAS
233	233	SECTION 3. Subchapter A, Chapter 5, Property Code, is
234	234	amended by adding Sections 5.0206 and 5.0207 to read as follows:
235	235	Sec. 5.0206. OWNER'S AFFIDAVIT REGARDING PURPORTED
236	236	CONVEYANCE OF TITLE OR INTEREST. (a) An owner of real property may
237	237	file for recording in the real property records of the county in
238	238	which a document or instrument purporting to convey title to or an
239	239	interest in the real property was recorded:
240	240	(1) an affidavit that substantially complies with
241	241	Subsection (e); and
242	242	(2) a certificate of mailing that substantially
243	243	complies with Subsection (f).
244	244	(b) A property owner who files an affidavit under Subsection
245	245	(a) shall send a copy of the filed affidavit and a letter notifying
246	246	the grantor and grantee of the purported conveyance of the filing of
247	247	the affidavit by registered or certified mail, return receipt
248	248	requested, to the grantor and grantee's last known addresses.
249	249	(c) If an affidavit and certificate of mailing are filed and
250	250	recorded under Subsection (a) and a controverting affidavit is not
251	251	filed for recording in the time provided by Subsection (d), the
252	252	property owner that filed the affidavit may bring a motion for a
253	253	district court ruling under Section 51.9035, Government Code.
254	254	(d) Not later than the 120th day after the date a
255	255	certificate of mailing was filed under Subsection (a), the grantor
256	256	or grantee of the purported conveyance may file for recording a
257	257	controverting affidavit in the real property records of the county
258	258	in which the real property is located asserting that:
259	259	(1) the affidavit or certificate of mailing filed by
260	260	the property owner under Subsection (a) is untrue; or
261	261	(2) another reason exists as to why the conveyance is
262	262	valid.
263	263	(e) An affidavit filed under Subsection (a) must be in
264	264	substantially the following form:
265	265	OWNER'S AFFIDAVIT REGARDING PURPORTED CONVEYANCE
266	266	Before me, the undersigned authority, on this day personally
267	267	appeared ("Affiant(s)") (insert name of one or more affiants) who,
268	268	being first duly sworn, upon oath states:
269	269	(1) My/our name is/are (insert name of Affiant(s)).
270	270	I/we own the following described real property ("Property"):
271	271	(describe the real property)
272	272	(2) This affidavit is made for the purpose of
273	273	establishing a presumption under Section 51.901(c)(4), Government
274	274	Code, that the document or instrument purporting to convey title to
275	275	or an interest in the Property recorded in __________ (refer to
276	276	recording information of the conveyance) ("Purported Conveyance")
277	277	is fraudulent and obtaining a district court's finding of fact and
278	278	conclusion of law under Section 51.9035, Government Code, that the
279	279	document or instrument does not convey title to or an interest in
280	280	the Property.
281	281	(3) Affiant(s) have not conveyed title to or an
282	282	interest in the Property to any grantee other than (list any
283	283	interests granted).
284	284	Signed on this _____ day of __________, _____.
285	285	____________________
286	286	____________________
287	287	(Signature of Affiant(s))
288	288	State of __________
289	289	County of __________
290	290	SWORN TO AND SUBSCRIBED before me on the _________ day of
291	291	__________, 20___.
292	292	My commission expires:
293	293	______________________
294	294	____________________________
295	295	Notary Public, State of Texas
296	296	Notary's printed name:
297	297	____________________________
298	298	(f) A certificate of mailing filed under Subsection (a) must
299	299	be in substantially the following form:
300	300	CERTIFICATE OF MAILING OF OWNER'S AFFIDAVIT REGARDING PURPORTED
301	301	CONVEYANCE
302	302	Before me, the undersigned authority, on this day personally
303	303	appeared ("Affiant(s)") (insert name(s) of Affiant(s)) who, being
304	304	first duly sworn, upon oath state(s):
305	305	(1) My name is/Our names are (insert name(s) of
306	306	Affiant(s)).
307	307	(2) On the ____ day of __________, 20__, Affiant(s)
308	308	caused an Owner's Affidavit Regarding Purported Conveyance to be
309	309	recorded in (refer to affidavit recording information)
310	310	("Affidavit").
311	311	(3) On the ____ day of __________, 20__, Affiant(s)
312	312	sent a letter and a copy of the Affidavit, notifying the grantor and
313	313	grantee of the purported conveyance of the Affiant's ownership
314	314	claim and the filing of the Affidavit, by registered or certified
315	315	mail, return receipt requested, to the grantor and grantee's last
316	316	known address.
317	317	(4) Attached to this certificate are:
318	318	(A) a true and correct copy of the letter
319	319	described by Subdivision (3) of this certificate; and
320	320	(B) proof of mailing of the letter described by
321	321	Subdivision (3) of this certificate.
322	322	Signed on the day of _________, 20 _____.
323	323	____________________
324	324	____________________
325	325	(Signature of Affiant(s))
326	326	State of __________
327	327	County of __________
328	328	SWORN TO AND SUBSCRIBED before me on the _________ day of
329	329	__________, 20___.
330	330	My commission expires:
331	331	______________________
332	332	____________________________
333	333	Notary Public, State of Texas
334	334	Notary's printed name:
335	335	____________________________
336	336	Sec. 5.0207. EFFECT OF CERTAIN COURT FINDINGS ON PURPORTED
337	337	CONVEYANCE OF TITLE OR INTEREST. A bona fide purchaser or a
338	338	mortgagee for value or a successor or assign of a bona fide
339	339	purchaser or mortgagee for value may rely conclusively on a
340	340	determination in a district court's finding of fact and conclusion
341	341	of law recorded under Section 51.9035, Government Code, that a
342	342	document or instrument does not convey title to or an interest in
343	343	the real property described in the document or instrument.
344	344	SECTION 4. This Act takes effect September 1, 2025.
345	345
346	346
347	347
348	348	MISC. DOCKET NO. ______
349	349
350	350
351	351
352	352	In Re: A Purported In the ______ Judicial District
353	353
354	354
355	355
356	356	Conveyance of Title In and For ___________________
357	357
358	358
359	359
360	360	to or an Interest in County, Texas
361	361
362	362
363	363
364	364	(Description of Real
365	365
366	366
367	367
368	368	Property)
369	369
370	370
371	371
372	372	MISC. DOCKET NO. ______
373	373
374	374
375	375
376	376	In Re: A Purported In the ______ Judicial District
377	377
378	378
379	379
380	380	Conveyance of Title In and For ___________________
381	381
382	382
383	383
384	384	to or an Interest in County, Texas
385	385
386	386
387	387
388	388	(Description of Real
389	389
390	390
391	391
392	392	Property)