S.B. No. 1734 seeks to enhance the integrity of real property transactions by addressing the issue of fraudulent documents that claim to convey title or interest in real property. The bill amends Section 51.901(c) of the Government Code to establish new criteria for presuming a document as fraudulent, particularly if it is linked to individuals convicted of specific offenses under the Penal Code or if it is associated with an owner's affidavit and certificate of mailing that has not been timely contested. Additionally, the bill introduces Section 51.9035, allowing property owners to file a motion in district court to challenge the validity of such documents, streamlining the judicial review process without requiring testimonial evidence.

Moreover, the bill outlines procedures for property owners to file affidavits regarding purported conveyances, including notification requirements for involved parties. It allows grantors or grantees to submit a "controverting affidavit" within 120 days of a certificate of mailing being filed, asserting the original affidavit's inaccuracy or other valid reasons for the conveyance. The bill also clarifies that bona fide purchasers or mortgagees can rely on district court findings regarding the validity of property documents, thereby protecting the rights of legitimate buyers and lenders. Importantly, no filing fees will be charged for motions filed under this section, making legal recourse more accessible for property owners. The bill is set 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)