| |
| |
|
|
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: |
|
|
|
|
|
|
|
|
| In Re: A Purported |
In the ______ Judicial District |
|
|
|
| Lien or Claim Against |
In and For ___________________ |
|
|
|
| (Name of Purported |
County, Texas |
|
|
|
|
|
|
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. |