Court Opinions

State Laws

US Code

US Constitution

Texas Government Code - Section 51.901. Fraudulent Document Or Instrument

Legal Research Home > Texas Lawyer > Government Code > Texas Government Code - Section 51.901. Fraudulent Document Or Instrument

§ 51.901. FRAUDULENT DOCUMENT OR INSTRUMENT.  (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 or assert a claim on real or personal property 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 the person named in the document 
or instrument as the obligor or debtor and to any person named as 
owning any interest in the real or personal property described 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);  or
		(2)  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:
			(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 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.
	(d)  If a county clerk believes in good faith that a document 
filed with the county clerk to create a lien is fraudulent, the 
clerk shall:
		(1)  request the assistance of the county or district 
attorney to determine whether the document is fraudulent before 
filing or recording the document;
		(2)  request that the prospective filer provide to the 
county clerk 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 county or district attorney.

Added by Acts 1997, 75th Leg., ch. 189, § 14, eff. May 21, 1997.  
Amended by Acts 2005, 79th Leg., ch. 407, § 1, eff. Sept. 1, 
2005.

Last modified: August 11, 2007