Legislation
State: Texas
Signed: May 30, 2025
Effective: September 01, 2025
Chapter: TBD
SummarySenate Bill 1734 authorizes a property owner to petition the court for judicial review of fraudulent documents recorded against their property and file an affidavit contesting the fraudulent filing in the land records.
AffectsAmends Sections 51.901 of the Government Code and adds Sections 5.0206, 5.0207, and 51.9035 to the Property Code.
Changes
- Authorizes 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 motion for judicial review that must be subscribed and sworn to before a Notary.
- Authorizes an owner of real property to record 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: (a) an affidavit and (b) certificate of mailing, both which must be subscribed and sworn to before a Notary.
- Provides statutory forms for the petition for judicial review, affidavit and certificate of mailing authorized.
AnalysisDeed fraud continues to be the storyline of the 2025 legislative session in Texas as it is across the country. Senate Bill 1734 provides a remedy for aggrieved property owners who have fraudulent real property deeds recorded against the title to their properties. They now can challenge these fraudulent filings by requesting judicial review and recording an affidavit and certificate of mailing in the land records so that notice is given that the owner of record contests the fraudulent filings. The motion, affidavit, and certificate of mailing must be subscribed and sworn to before a Notary Public.
Read Senate Bill 1734.