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TX HB4531
Bill
Status
3/12/2025
Primary Sponsor
Salman Bhojani
Click for details
AI Summary
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Expands the legal presumption of fraud to include documents purporting to convey real property title when a person has been convicted of a theft or fraud offense (Title 7 or 8, Penal Code) related to the document, or when an owner's affidavit claiming fraudulent conveyance goes uncontroverted within 120 days
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Creates a new expedited judicial process allowing property owners to file a verified motion with the district court to challenge fraudulent conveyance documents, which can be reviewed ex parte without a hearing based solely on documentary evidence and public records
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Establishes an "owner's affidavit" procedure where property owners can file a sworn statement in real property records asserting a recorded conveyance is fraudulent, requiring notification to the grantor and grantee by certified mail
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Waives filing fees for both the district clerk (for the motion) and county clerk (for recording the court's findings) in fraudulent conveyance proceedings
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Allows bona fide purchasers, mortgagees, and their successors to conclusively rely on a recorded district court finding that a document does not convey valid title to real property
Legislative Description
Relating to status of certain documents or instruments purporting to convey title to or an interest in real property.
Property Interests
Last Action
Laid on the table subject to call
5/14/2025