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A BILL TO BE ENTITLED
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AN ACT
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relating to an action to determine the status of certain documents |
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or instruments purporting to convey title to or an interest in real |
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property. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter J, Chapter 51, Government Code, is |
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amended by adding Section 51.9035 to read as follows. |
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Sec. 51.9035. ACTION ON FRAUDULENT CONVEYANCE. (a) An |
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owner of real property who has reason to believe that a document or |
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instrument purporting to convey title to or an interest in the real |
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property and recorded in the real property records is fraudulent |
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may complete and file with the district clerk of the county in which |
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the document or instrument is recorded a motion, verified as |
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required by Subsection (c), to which the movant has attached a copy |
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of the document or instrument. |
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(b) A motion under Subsection (a) must contain, at a |
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minimum, the information in the following suggested form: |
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| In Re: A Purported |
In the ______ Judicial District |
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| Conveyance of Title |
In and For ___________________ |
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| to or an Interest in |
County, Texas |
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Motion for Judicial Review of Document or Instrument Purporting to |
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Convey Title to or an Interest in Real Property |
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Now Comes (name) and files this motion requesting a judicial |
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determination of the status of a document or instrument purporting |
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to convey title to or an interest in real property filed in the |
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office of the County Clerk of (county name) County, Texas, and in |
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support of the motion would show the court as follows: |
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I. |
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(Name), movant herein, is the owner of the real property |
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described in the attached document or 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 recorded the document or instrument attached to this motion |
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and containing (number) pages. The attached document or instrument |
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purports to have conveyed title to or an interest in the real |
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property to (name of purported grantee). |
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III. |
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Movant alleges that the attached document or instrument is |
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fraudulent, as described by Section 51.901(c)(2), Government Code, |
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and that the document or instrument should therefore not be |
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considered to convey title to or an interest in the real property |
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described in the document or instrument. |
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IV. |
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Movant attests that the assertions herein are true and |
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correct. |
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V. |
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Movant acknowledges that movant may be subject to sanctions, |
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as provided by Chapter 10, Civil Practice and Remedies Code, if this |
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motion is determined to be frivolous. |
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PRAYER |
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Movant requests the court to review the attached document or |
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instrument and enter an order determining whether the document or |
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instrument should be considered to convey title to or an interest in |
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the real property described in the document or instrument, together |
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with such 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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(c) A motion filed under Subsection (a) must be verified by |
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an affidavit in substantially the following form: |
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AFFIDAVIT |
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THE STATE OF TEXAS |
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COUNTY OF ______________ |
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BEFORE ME, the undersigned authority, personally appeared |
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_____________, who, being by me duly sworn, deposed as follows: |
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"My name is _________________. I am over 21 years of age, of |
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sound mind, with personal knowledge of the following facts, and |
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fully competent to testify. |
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I further attest that the assertions contained in the |
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accompanying motion are true and correct." |
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Further affiant sayeth not. |
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____________________________ |
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SUBSCRIBED and SWORN TO before |
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me, this _______ day of _____, |
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_______. |
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____________________________ |
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NOTARY PUBLIC, State of Texas |
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Notary's printed name: |
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____________________________ |
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My commission expires: |
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____________________________ |
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(d) A motion under this section may be ruled on by a district |
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judge having jurisdiction over real property matters in the county |
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where the document or instrument described in the motion is |
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recorded. The district court may rule on the motion based solely on |
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a review of the attached document or instrument without hearing any |
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testimonial evidence. The court's review may be made ex parte |
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without delay or notice of any kind. An appellate court shall |
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expedite review of a court's finding under this section. |
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(e) The district clerk may not collect a filing fee for |
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filing a motion under this section. |
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(f) After reviewing the attached document or instrument |
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under this section, the district judge shall enter an appropriate |
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finding of fact and conclusion of law, which must be filed for |
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recording and indexed in the same class of records in which the |
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subject document or instrument was originally recorded. A copy of |
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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 document |
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or instrument for recording at the last known address of each person |
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within seven days after 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) The county clerk may not collect a fee for filing a |
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district judge's finding of fact and conclusion of law under this |
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section. |
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(h) A suggested form for a district court's finding of fact |
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and conclusion of law under Subsection (f) is as follows: |
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| In Re: A Purported |
In the ______ Judicial District |
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| Conveyance of Title |
In and For ___________________ |
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| to or an Interest in |
County, Texas |
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Judicial Finding of Fact and Conclusion of Law Regarding a Document |
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or Instrument Purporting to Convey Title to or an Interest in Real |
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Property |
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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 document or instrument attached to the |
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motion. 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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document 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 document or instrument attached to the motion herein: |
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(1) DOES assert a claim against real property or an |
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interest in real property; |
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(2) IS specifically provided for by a provision of the |
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constitution or statutes of this state or the United States; |
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(3) IS: |
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(A) created by the implied or express consent of |
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the owner of the real property or an interest in real property, if |
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required under the laws of this state, or by the consent of an |
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agent, fiduciary, or other representative of the owner; or |
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(B) a conveyance imposed by a court of competent |
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jurisdiction; and |
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(4) DOES convey title to real property or an interest |
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in real property. |
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_______ The document or instrument attached to the motion herein: |
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(1) DOES NOT assert a claim against real property or an |
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interest in real property; |
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(2) IS NOT specifically provided for by a provision of |
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the constitution or statutes of this state or the United States; or |
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(3) IS NOT: |
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(A) created by the implied or express consent of |
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the owner of the real property or an interest in real property, if |
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required under the laws of this state, or by the consent of an |
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agent, fiduciary, or other representative of the owner; or |
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(B) a conveyance imposed by a court of competent |
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jurisdiction. The document or instrument DOES NOT convey title to |
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real property or an interest in real property. |
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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 record this finding of fact and conclusion of law in the |
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same class of records as the subject document or instrument was |
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originally filed, and the court directs the county clerk to index it |
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using the same names that were used in indexing the subject document |
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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 2. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2025. |