Tex. Gov't Code § 51.9035
Motion for Judicial Review of Documentation or Instrument Purporting to Create a Lien or Claim
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PRAYER
AFFIDAVIT
Judicial Finding of Fact and Conclusion of Law Regarding a Documentation or Instrument Purporting to Create a Lien or Claim
(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:
(2) documentary evidence of:
(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,
_______________________
(Signature and typed name and address)
(c) A petition filed under Subsection (a) must be verified by an affidavit in substantially the following form:
THE STATE OF TEXAS
COUNTY OF ______________
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."
Further affiant sayeth not.
____________________________
SUBSCRIBED and SWORN TO before
me, this _______ day of _____,
_______.
____________________________
NOTARY PUBLIC, State of Texas
Notary's printed name:
____________________________
My commission expires:
____________________________
(h) A suggested form for a district court's finding of fact and conclusion of law under Subsection (f) is as follows:
(2) IS NOT the subject of an uncontroverted owner's affidavit under Section 5.0206, Property Code.
_______ The document or instrument attached to the petition herein DOES NOT convey title to or an interest in real property and:
(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
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):
_______ The document or instrument attached to the petition herein DOES convey title to or an interest in real property and:
Added by Acts 2025, 89th Leg., R.S., Ch. 321 (S.B. 1734), Sec. 2, eff. September 1, 2025.