Tex. Government Code § 51.9035 — TX Code / Code gv / Chapter 51 / Section 51.9035
§ 51.9035. ACTION ON FRAUDULENT CONVEYANCE.
Status: in_force

(a) Subject to Section 5.0206(c), Property Code, 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 petition, verified as required by Subsection (c), to which the petitioner has attached:

(1) a copy of the document or instrument; and

(2) documentary evidence of:

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

(B) the filing and recording of an uncontroverted owner's affidavit and certificate of mailing under Section 5.0206, Property Code.

(b) A petition under Subsection (a) must contain, at a minimum, the information in the following suggested form:

Now Comes (name) and files this petition requesting a judicial determination of the status of a document or instrument purporting to convey title to or an interest in real property filed in the office of the County Clerk of (county name) County, Texas, and in support of the petition would show the court as follows:

(Name), petitioner herein, is the purported person who holds title to the real property or the interest in the real property described in the attached document or instrument.

On (date), in the exercise of the county clerk's official duties as County Clerk of (county name) County, Texas, the county clerk recorded the document or instrument attached to this petition and containing (number) pages. The attached document or instrument purports to have conveyed title to or an interest in the real property to (name of purported grantee).

Petitioner alleges that the attached document or instrument is fraudulent, as described by Section 51.901(c)(4), Government Code, and that the document or instrument should therefore not be considered to convey title to or an interest in the real property described in the document or instrument.

Petitioner attests that the assertions herein are true and correct.

Petitioner does not request the court to make a finding as to any underlying claim of the parties involved and acknowledges that this petition does not seek to invalidate a legitimate conveyance. Petitioner further acknowledges that petitioner may be subject to sanctions, as provided by Chapter 10, Civil Practice and Remedies Code, if this petition is determined to be frivolous.

Petitioner requests the court to review the attached document or instrument, the attached documentary evidence, and any relevant public records and enter an order determining whether the document or instrument should be considered to convey title to or an interest in the real property described in the document or instrument, together with such other orders as the court deems appropriate.

Respectfully submitted,

_______________________

(c) A petition filed under Subsection (a) must be verified by an affidavit in substantially the following form:

BEFORE ME, the undersigned authority, personally appeared _____________, who, being by me duly sworn, deposed as follows:

"My name is _________________. I am over 21 years of age, of sound mind, with personal knowledge of the following facts, and fully competent to testify.

I further attest that the assertions contained in the accompanying petition are true and correct."

(d) A petition under this section may be ruled on by a district judge having jurisdiction over real property matters in the county where the document or instrument described in the petition is recorded. The district court may rule on the petition based solely on a review of the attached document or instrument, the attached documentary evidence, and any relevant public records without hearing any testimonial evidence. The court's review may be made ex parte without delay or notice of any kind. An appellate court shall expedite review of a court's finding under this section.

(e) The district clerk may not collect a filing fee for filing a petition under this section.

(f) After reviewing the attached document or instrument, the attached evidence, and any relevant public records under this section, the district judge shall enter an appropriate finding of fact and conclusion of law, which must be filed for recording and indexed in the same class of records in which the subject document or instrument was originally recorded. A copy of the finding of fact and conclusion of law shall be sent electronically or by a delivery method described by Rule 21a, Texas Rules of Civil Procedure, to the petitioner and to the person who filed the document or instrument for recording at the last known address of each person within seven days after the date that the finding of fact and conclusion of law is issued by the judge.

(g) The county clerk may not collect a fee for filing a district judge's finding of fact and conclusion of law under this section.

(h) A suggested form for a district court's finding of fact and conclusion of law under Subsection (f) is as follows:

On the (number) day of (month), (year), in the above entitled and numbered cause, this court reviewed a petition, verified by affidavit, of (name) and the document or instrument attached to the petition, the other documentary evidence attached to the petition, and any relevant public records. No testimony was taken from any party, nor was there any notice of the court's review, the court having made the determination that a decision could be made solely on review of the document or instrument, the other documentary evidence, and public records under the authority vested in the court under Subchapter J, Chapter 51, Government Code.

The court finds as follows (only an item checked and initialed is a valid court ruling):

(1) IS NOT the subject of a criminal conviction for an offense under Title 7 or Title 8, Penal Code, for conduct with respect to the document or instrument; and

(2) IS NOT the subject of an uncontroverted owner's affidavit under Section 5.0206, Property Code.

(1) IS the subject of a criminal conviction for an offense under Title 7 or Title 8, Penal Code, with respect to the document or instrument; or

(2) IS the subject of an uncontroverted owner's affidavit under Section 5.0206, Property Code.

This court makes no finding as to any underlying claims of the parties involved, and expressly limits its finding of fact and conclusion of law to the review of a ministerial act. The county clerk shall record this finding of fact and conclusion of law in the same class of records as the subject document or instrument was originally filed, and the court directs the county clerk to index it using the same names that were used in indexing the subject document or instrument.

SIGNED ON THIS THE ________ DAY OF ____________________.

DISTRICT JUDGE

________ JUDICIAL DISTRICT

_____________ COUNTY, TEXAS