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A BILL TO BE ENTITLED
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AN ACT
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relating to certain documents or instruments purporting to convey |
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real or personal property. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 51.901(a), (c), (d), and (e), |
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Government Code, are amended to read as follows: |
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(a) If a clerk of the supreme court, clerk of the court of |
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criminal appeals, clerk of a court of appeals, district clerk, |
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county clerk, district and county clerk, or municipal clerk has a |
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reasonable basis to believe in good faith that a document or |
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instrument previously filed or recorded or offered or submitted for |
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filing or for filing and recording is fraudulent, the clerk shall: |
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(1) if the document is a purported judgment or other |
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document purporting to memorialize or evidence an act, an order, a |
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directive, or process of a purported court, provide written notice |
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of the filing, recording, or submission for filing or for filing and |
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recording to the stated or last known address of the person against |
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whom the purported judgment, act, order, directive, or process is |
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rendered; or |
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(2) if the document or instrument purports to create a |
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lien or assert a claim on real or personal property or an interest |
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in real or personal property or to convey real or personal property, |
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provide written notice of the filing, recording, or submission for |
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filing or for filing and recording to the stated or last known |
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address of the person named in the document or instrument as the |
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obligor, [or] debtor, or grantor and to any other person named as |
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owning any interest in the real or personal property described in |
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the document or instrument. |
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(c) For purposes of this section, a document or instrument |
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is presumed to be fraudulent if: |
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(1) the document is a purported judgment or other |
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document purporting to memorialize or evidence an act, an order, a |
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directive, or process of: |
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(A) a purported court or a purported judicial |
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entity not expressly created or established under the constitution |
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or the laws of this state or of the United States; or |
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(B) a purported judicial officer of a purported |
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court or purported judicial entity described by Paragraph (A); |
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(2) the document or instrument purports to create a |
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lien or assert a claim against real or personal property or an |
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interest in real or personal property or to convey real or personal |
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property and: |
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(A) is not a document or instrument provided for |
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by the constitution or laws of this state or of the United States; |
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(B) is not created by implied or express consent |
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or agreement of the obligor, debtor, or the owner of the real or |
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personal property or an interest in the real or personal property, |
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if required under the laws of this state, or by implied or express |
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consent or agreement of an agent, fiduciary, or other |
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representative of that person; or |
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(C) is not an equitable, constructive, or other |
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lien imposed by a court with jurisdiction created or established |
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under the constitution or laws of this state or of the United |
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States; or |
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(3) the document or instrument purports to create a |
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lien or assert a claim against real or personal property or an |
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interest in real or personal property or to convey real or personal |
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property and the document or instrument is filed by an inmate or on |
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behalf of an inmate. |
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(d) If a county clerk believes in good faith that a document |
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filed with the county clerk to create a lien or make a conveyance is |
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fraudulent, the clerk shall: |
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(1) request the assistance of the county or district |
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attorney to determine whether the document is fraudulent before |
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filing or recording the document; |
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(2) request that the prospective filer provide to the |
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county clerk additional documentation supporting the existence of |
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the lien or conveyance, such as a contract or other document that |
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contains the alleged debtor or obligor's signature or the alleged |
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grantor's signature, as applicable; and |
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(3) forward any additional documentation received to |
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the county or district attorney. |
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(e) A presumption under Subsection (c)(3) relating to a |
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security interest may be rebutted by providing the filing officer |
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in the filing office in which the document is filed or recorded the |
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original or a copy of a sworn and notarized document signed by the |
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obligor, debtor, or owner of the property designated as collateral |
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stating that the person entered into a security agreement with the |
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inmate and authorized the filing of the financing statement as |
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provided by Section 9.509, Business & Commerce Code. |
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SECTION 2. The heading to Section 51.903, Government Code, |
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is amended to read as follows: |
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Sec. 51.903. ACTION ON FRAUDULENT LIEN OR CLAIM AGAINST OR |
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CONVEYANCE OF [ON] PROPERTY. |
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SECTION 3. Sections 51.903(a), (e), and (g), Government |
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Code, are amended to read as follows: |
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(a) A person who is the purported debtor or obligor or who |
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owns real or personal property or an interest in real or personal |
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property and who has reason to believe that the document purporting |
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to create a lien or assert a claim against the real or personal |
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property or an interest in the real or personal property or to |
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convey the real or personal property previously filed or submitted |
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for filing and recording is fraudulent may complete and file with |
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the district clerk a motion, verified by affidavit by a completed |
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form for ordinary certificate of acknowledgment, of the same type |
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described by Section 121.007, Civil Practice and Remedies Code, |
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that contains, at a minimum, the information in the following |
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suggested form: |
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| In Re: A Purported |
In the ______ Judicial District |
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| Lien or Claim Against |
In and For ___________________ |
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| (Name of Purported |
County, Texas |
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Motion for Judicial Review of Documentation or Instrument |
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Purporting to Create a Lien or Claim or Make a Conveyance |
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Now Comes (name) and files this motion requesting a judicial |
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determination of the status of documentation or an instrument |
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purporting to create [an interest in real or personal property or] a |
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lien or assert a claim on real or personal property or an interest |
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in real or personal property or to convey real or personal property |
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filed in the office of the Clerk of (county name) County, Texas, and |
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in support of the motion would show the court as follows: |
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I. |
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(Name), movant herein, is the purported obligor or debtor or |
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person who owns the real or personal property or the interest in |
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real or personal property described in the documentation or |
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instrument. |
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II. |
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On (date), in the exercise of the county clerk's official |
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duties as County Clerk of (county name) County, Texas, the county |
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clerk received and filed and recorded the documentation or |
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instrument attached hereto and containing (number) pages. Said |
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documentation or instrument purports to have created a lien or |
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asserted a claim on real or personal property or an interest in real |
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or personal property against, or to have made a conveyance of |
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property by, one (name of purported debtor or grantor). |
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III. |
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Movant alleges that the documentation or instrument attached |
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hereto is fraudulent, as defined by Section 51.901(c)(2), |
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Government Code, and that the documentation or instrument should |
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therefore not be accorded lien or conveyance status. |
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IV. |
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Movant attests that assertions herein are true and correct. |
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V. |
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Movant does not request the court to make a finding as to any |
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underlying claim of the parties involved and acknowledges that this |
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motion does not seek to invalidate a legitimate lien, claim, or |
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conveyance. Movant further acknowledges that movant may be subject |
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to sanctions, as provided by Chapter 10, Civil Practice and |
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Remedies Code, if this motion is determined to be frivolous. |
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PRAYER |
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Movant requests the court to review the attached |
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documentation or instrument and enter an order determining whether |
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it should be accorded lien or conveyance status, together with such |
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other orders as the court deems appropriate. |
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Respectfully submitted, |
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_________________________ |
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(Signature and typed name and address) |
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(e) After reviewing the documentation or instrument |
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attached to a motion under this section, the district judge shall |
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enter an appropriate finding of fact and conclusion of law, which |
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must be filed and indexed in the same class of records in which the |
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subject documentation or instrument was originally filed. A copy |
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of the finding of fact and conclusion of law shall be sent, by first |
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class mail, to the movant and to the person who filed the fraudulent |
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lien, [or] claim, or conveyance at the last known address of each |
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person within seven days of the date that the finding of fact and |
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conclusion of law is issued by the judge. |
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(g) A suggested form order appropriate to comply with this |
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section is as follows: |
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| In Re: A Purported |
In the ______ Judicial District |
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| Lien or Claim Against |
In and For ___________________ |
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| (Name of Purported |
County, Texas |
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Judicial Finding of Fact and Conclusion of Law Regarding a |
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Documentation or Instrument Purporting to Create a Lien or Claim or |
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Make a Conveyance |
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On the (number) day of (month), (year), in the above entitled |
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and numbered cause, this court reviewed a motion, verified by |
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affidavit, of (name) and the documentation or instrument attached |
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thereto. No testimony was taken from any party, nor was there any |
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notice of the court's review, the court having made the |
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determination that a decision could be made solely on review of the |
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documentation or instrument under the authority vested in the court |
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under Subchapter J, Chapter 51, Government Code. |
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The court finds as follows (only an item checked and |
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initialed is a valid court ruling): |
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_______ The documentation or instrument attached to the motion |
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herein IS asserted against real or personal property or an interest |
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in real or personal property and: |
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(1) IS provided for by specific state or federal |
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statutes or constitutional provisions; |
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(2) IS created by implied or express consent or |
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agreement of the obligor, debtor, or the owner of the real or |
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personal property or an interest in the real or personal property, |
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if required under the laws of this state, or by consent of an agent, |
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fiduciary, or other representative of that person; or |
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(3) IS an equitable, constructive, or other lien |
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imposed by a court of competent jurisdiction created or established |
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under the constitution or laws of this state or of the United |
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States. |
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_______ The documentation or instrument attached to the motion |
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herein: |
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(1) IS NOT provided for by specific state or federal |
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statutes or constitutional provisions; |
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(2) IS NOT created by implied or express consent or |
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agreement of the obligor, debtor, or the owner of the real or |
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personal property or an interest in the real or personal property, |
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if required under the law of this state or by implied or express |
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consent or agreement of an agent, fiduciary, or other |
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representative of that person; |
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(3) IS NOT an equitable, constructive, or other lien |
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imposed by a court of competent jurisdiction created by or |
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established under the constitution or laws of this state or the |
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United States; or |
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(4) IS NOT asserted against real or personal property |
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or an interest in real or personal property. There is no valid |
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lien, [or] claim, or conveyance created by this documentation or |
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instrument. |
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This court makes no finding as to any underlying claims of the |
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parties involved, and expressly limits its finding of fact and |
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conclusion of law to the review of a ministerial act. The county |
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clerk shall file this finding of fact and conclusion of law in the |
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same class of records as the subject documentation or instrument |
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was originally filed, and the court directs the county clerk to |
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index it using the same names that were used in indexing the subject |
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documentation or instrument. |
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SIGNED ON THIS THE ________ DAY OF ____________________. |
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_______________________________ |
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DISTRICT JUDGE |
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________ JUDICIAL DISTRICT |
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_____________ COUNTY, TEXAS |
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SECTION 4. Sections 51.901 and 51.903, Government Code, as |
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amended by this Act, apply with respect to a document or instrument |
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filed or submitted for filing before, on, or after the effective |
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date of this Act. |
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SECTION 5. This Act takes effect September 1, 2023. |