Texas Property Code

§ 5.0206 — OWNER'S AFFIDAVIT REGARDING PURPORTED CONVEYANCE OF TITLE OR INTEREST

PR § 5.0206Title 2. CONVEYANCES · Ch. 5. CONVEYANCES · Art. A. GENERAL PROVISIONS

Statute text

(a)An owner of real property may file for recording in the real property records of the county in which a document or instrument purporting to convey title to or an interest in the real property was recorded:

(1)an affidavit that substantially complies with Subsection (e); and

(2)a certificate of mailing that substantially complies with Subsection (f).

(b)A property owner who files an affidavit under Subsection (a) shall send a copy of the filed affidavit and a letter notifying the grantor and grantee of the purported conveyance of the filing of the affidavit by registered or certified mail, return receipt requested, to the grantor and grantee's last known addresses.

(c)If an affidavit and certificate of mailing are filed and recorded under Subsection (a) and a controverting affidavit is not filed for recording in the time provided by Subsection (d), the property owner that filed the affidavit may file a petition for a district court ruling under Section 51.9035, Government Code.

(d)Not later than the 120th day after the date a certificate of mailing was filed under Subsection (a), the grantor or grantee of the purported conveyance may file for recording a controverting affidavit in the real property records of the county in which the real property is located asserting that:

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Legislative history

Added by Acts 2025, 89th Leg., R.S., Ch. 321 (S.B. 1734), Sec. 3, eff. September 1, 2025.