Texas Government Code

§ 51.9035 — ACTION ON FRAUDULENT CONVEYANCE

GV § 51.9035Title 2. JUDICIAL BRANCH · Part D. JUDICIAL PERSONNEL AND OFFICIALS · Ch. 51. CLERKS · Art. J. CERTAIN FRAUDULENT RECORDS OR DOCUMENTS

Statute text

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(a)Subject to Section 5.0206(c), Property Code, 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 petition, verified as required by Subsection (c), to which the petitioner has attached:

(1)a copy of the document or instrument; and

(2)documentary evidence of:

(A)a person's conviction of an offense under Title 7 or Title 8, Penal Code, for conduct with respect to the document or instrument; or

(B)the filing and recording of an uncontroverted owner's affidavit and certificate of mailing under Section 5.0206, Property Code.

(b)A petition under Subsection (a) must contain, at a minimum, the information in the following suggested form: MISC. DOCKET NO. ______In Re: A PurportedIn the ______ Judicial DistrictConveyance of TitleIn and For ___________________to or an Interest inCounty, Texas(Description of RealProperty)Petition for Judicial Review of Document or Instrument Purporting to Convey Title to or an Interest in Real Property Now Comes (name) and files this petition 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 petition would show the court as follows: I. (Name), petitioner herein, is the purported person who holds title to the real property or the interest in 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 petition 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. Petitioner alleges that the attached document or instrument is fraudulent, as described by Section 51.901(c)(4), 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. Petitioner attests that the assertions herein are true and correct. V. Petitioner does not request the court to make a finding as to any underlying claim of the parties involved and acknowledges that this petition does not seek to invalidate a legitimate conveyance. Petitioner further acknowledges that petitioner may be subject to sanctions, as provided by Chapter 10, Civil Practice and Remedies Code, if this petition is determined to be frivolous. PRAYER Petitioner requests the court to review the attached document or instrument, the attached documentary evidence, and any relevant public records 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)

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Legislative history

Added by Acts 2025, 89th Leg., R.S., Ch. 321 (S.B. 1734), Sec. 2, eff. September 1, 2025.