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. ______ 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
Conveyance of Title In and For ___________________ Conveyance of Title In and For ___________________
Conveyance of Title In and For ___________________
to or an Interest in County, Texas to or an Interest in County, Texas
to or an Interest in County, Texas
(Description of Real (Description of Real
(Description of Real
Property) Property)
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. ______ 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
Conveyance of Title In and For ___________________ Conveyance of Title In and For ___________________
Conveyance of Title In and For ___________________
to or an Interest in County, Texas to or an Interest in County, Texas
to or an Interest in County, Texas
(Description of Real (Description of Real
(Description of Real
Property) Property)
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.
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)
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)