S.B. No. 1734 amends the Government Code to address the validity of documents that claim to convey title to or an interest in real property. The bill establishes that such documents are presumed fraudulent if they are filed by an inmate or linked to individuals convicted of specific offenses under the Penal Code. It also allows property owners to file a petition with the district clerk if they suspect a recorded document is fraudulent, requiring them to provide evidence of the alleged fraud.
Furthermore, the bill introduces new sections to the Property Code, enabling property owners to file affidavits regarding questionable conveyances and to notify relevant parties. If no opposing affidavit is submitted within a designated timeframe, the property owner can petition the court for a ruling on the document's validity. The legislation also clarifies that bona fide purchasers or mortgagees can rely on district court findings about the validity of such documents, reinforcing the legal framework for addressing fraudulent property claims. The bill is scheduled to take effect on September 1, 2025.
Statutes affected: Introduced: Government Code 51.901 (Government Code 51)
Senate Committee Report: Government Code 51.901 (Government Code 51)
Engrossed: Government Code 51.901 (Government Code 51)
House Committee Report: Government Code 51.901 (Government Code 51)
Enrolled: Government Code 51.901 (Government Code 51)