Bill > HB4531

This bill modifies Texas law to provide property owners with a new mechanism to challenge potentially fraudulent documents that claim to convey title or interest in real property. The legislation expands the definition of fraudulent documents to include those related to property where the creator has been convicted of a relevant criminal offense or where an uncontested owner's affidavit has been filed. The bill establishes a process where a property owner can file an affidavit with the county, notifying the grantor and grantee of their claim, and then potentially seek a judicial review to determine the validity of the document. If no controverting affidavit is filed within 120 days, the property owner can request a district court to review the document. The court can then make a determination about whether the document conveys valid title, doing so ex parte (without notifying the other party) and based solely on documentary evidence. The court's finding will be recorded in the property records, and bona fide purchasers or mortgagees can rely on this determination. The primary goal is to provide property owners with a streamlined method to challenge potentially fraudulent property transfers, particularly those involving criminal activity or questionable documentation, while protecting the interests of legitimate property transactions.

Business and Industry

https://capitol.texas.gov/BillLookup/History.aspx?LegSess=89R&Bill=HB4531