Texas Government Code - GOV'T § 405.022. Filing or Recording of Fraudulent Document
Current as of April 14, 2021 | Updated by FindLaw Staff
Welcome to FindLaw's Cases & Codes, a free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law.
(a) If the secretary of state believes in good faith that a document filed with the secretary of state to create a lien is fraudulent, the secretary of state shall:
(1) request the assistance of the attorney general to determine whether the document is fraudulent before filing or recording the document;
(2) request that the prospective filer provide to the secretary of state additional documentation supporting the existence of the lien, such as a contract or other document that contains the alleged debtor or obligor's signature; and
(3) forward any additional documentation received to the attorney general.
(b) For purposes of this section, a document or instrument is presumed to be fraudulent if the document or instrument is filed by an inmate or on behalf of an inmate.
(c) A presumption under Subsection (b) may be rebutted by providing the secretary of state the original or a copy of a sworn and notarized document signed by the obligor, debtor, or owner of the property designated as collateral stating that the person entered into a security agreement with the inmate and authorized the filing of the instrument as provided by Section 9.509, Business & Commerce Code.
(d) In this section:
(1) “Inmate” means a person housed in a secure correctional facility.
(2) “Secure correctional facility” has the meaning assigned by Section 1.07, Penal Code.
Cite this article: FindLaw.com - Texas Government Code - GOV'T § 405.022. Filing or Recording of Fraudulent Document - last updated April 14, 2021 | https://codes.findlaw.com/tx/government-code/gov-t-sect-405-022/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
Was this helpful?