Skip to main content
Find a Lawyer

Texas Government Code - GOV'T § 51.901. Fraudulent Document or Instrument

Current as of January 01, 2024 | Updated by Findlaw Staff

(a) If a clerk of the supreme court, clerk of the court of criminal appeals, clerk of a court of appeals, district clerk, county clerk, district and county clerk, or municipal clerk has a reasonable basis to believe in good faith that a document or instrument previously filed or recorded or offered or submitted for filing or for filing and recording is fraudulent, the clerk shall:

(1) if the document is a purported judgment or other document purporting to memorialize or evidence an act, an order, a directive, or process of a purported court, provide written notice of the filing, recording, or submission for filing or for filing and recording to the stated or last known address of the person against whom the purported judgment, act, order, directive, or process is rendered;  or

(2) if the document or instrument purports to create a lien against or assert a claim to or an interest in real or personal property, provide written notice of the filing, recording, or submission for filing or for filing and recording to the stated or last known address of:

(A) the person named in the document or instrument as the grantor, obligor, or debtor, and to any person named as the grantee or as owning or acquiring any interest in the real or personal property described in the document or instrument;  and

(B) as applicable, the last known owner of the property if that owner's address is different from the address of the grantor, obligor, or debtor named in the document or instrument.

(b) A clerk shall provide written notice under Subsection (a):

(1) not later than the second business day after the date that the document or instrument is offered or submitted for filing or for filing and recording;  or

(2) if the document or instrument has been previously filed or recorded, not later than the second business day after the date that the clerk becomes aware that the document or instrument may be fraudulent.

(c) For purposes of this section, a document or instrument is presumed to be fraudulent if:

(1) the document is a purported judgment or other document purporting to memorialize or evidence an act, an order, a directive, or process of:

(A) a purported court or a purported judicial entity not expressly created or established under the constitution or the laws of this state or of the United States;  or

(B) a purported judicial officer of a purported court or purported judicial entity described by Paragraph (A);

(2) the document or instrument purports to create a lien against or assert a claim to or an interest in real or personal property and:

(A) is not a document or instrument provided for by the constitution or laws of this state or of the United States;

(B) is not created by implied or express consent or agreement of the grantor, obligor, debtor, or the owner of the real or personal property or an interest in the real or personal property, if required under the laws of this state, or by implied or express consent or agreement of an agent, fiduciary, or other representative of that person;  or

(C) is not an equitable, constructive, or other lien imposed by a court with jurisdiction created or established under the constitution or laws of this state or of the United States;  

(3) the document or instrument purports to create a lien or assert a claim against real or personal property or an interest in real or personal property and the document or instrument is filed by an inmate or on behalf of an inmate;  or

(4) the document or instrument purports to convey title to or an interest in real property and:

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

(B) the document or instrument is the subject of an owner's affidavit and certificate of mailing filed and recorded in accordance with Section 5.0206, Property Code, and a controverting affidavit was not timely filed for recording under that section.

(c-1) For purposes of this section, a document or instrument is presumed to not be fraudulent if the prospective filer:

(1) provides to the county clerk, at the time of filing or on the clerk's request, additional documentation such as a contract for the sale of or another document creating a lien against or asserting a claim to the property subject to the document or instrument that contains the signature of the property owner;  or

(2) is a person engaged solely in the business of providing closing, settlement, or other transactional services in connection with the transfer of real property, including an attorney, title agent, title company, or escrow company.

(d) If a county clerk believes in good faith that a document or instrument filed, recorded, or submitted for filing or recording with the county clerk to create a lien against or assert a claim to or an interest in real or personal property is fraudulent, the clerk shall:

(1) request the assistance of the county or district attorney to determine whether the document or instrument is fraudulent before filing or recording the document or instrument;

(2) request that the prospective filer provide to the county clerk additional documentation supporting the existence of the lien, claim, or interest, such as a contract or other document that contains the signature of the alleged owner, debtor, grantor, or obligor;

(3) forward any additional documentation received to the county or district attorney;  and

(4) refuse to file or record the document or instrument submitted for filing or recording if:

(A) the district or county attorney whose assistance the clerk requested under Subdivision (1) determines there is probable cause to believe the document or instrument is fraudulent;  or

(B) the prospective filer does not provide the clerk the additional documentation requested under Subdivision (2).

(d-1) A county clerk who, in good faith, files or records, or refuses to file or record, a document or instrument described by Subsection (d) is immune from liability and suit arising out of the filing, recording, or refusal to file or record the document or instrument.  A county commissioners court may not discipline, penalize, or otherwise take an adverse employment action against the clerk for that filing, recording, or refusal.

(d-2) The additional documentation described by Subsection (c-1) or (d)(2):

(1) is confidential and exempt from disclosure under Chapter 552;  and

(2) may be submitted to a county clerk by an individual or entity without civil process.

(e) A presumption under Subsection (c)(3) may be rebutted by providing the filing officer in the filing office in which the document is filed or recorded 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 financing statement as provided by Section 9.509, Business & Commerce Code.

(f) 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.

(g) If an individual advises a county clerk that a document or instrument that purports to convey an interest in real property and that was filed for recording with the county clerk after January 1, 2026, is fraudulent, the county clerk shall provide to law enforcement with jurisdiction in the area where the real property is located notice of the allegation and the photo identification information provided to the county clerk under Section 191.010(b), Local Government Code, by the person who presented the document or instrument to the county clerk for filing.

Previous Part of Code Next Part of Code
Back to Chapter List

Cite this article: FindLaw.com - Texas Government Code - GOV'T § 51.901. Fraudulent Document or Instrument - last updated January 01, 2024 | https://codes.findlaw.com/tx/government-code/gov-t-sect-51-901/

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 before relying on it for your legal needs.

Was this helpful?

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.

Go to Learn About the Law

Latest Blog Posts

For Legal Professionals

Learn About The Law

Get help with your legal needs

FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.

Go to Learn About the Law

Need to Find an Attorney?

Search our directory by legal issue

Enter information in one or both fields (Required)

Copied to clipboard