New Protections in Texas for Victims of Title Fraud

With the growing concern these days about possible title fraud, it is important to know about a new remedy for victims of title fraud that was passed by the Texas Legislature. The remedy is set out in Texas Government Code 51.9035 and was effective December 31, 2025.

Here is the procedure to follow:

1.Complete an Owner’s Affidavit Regarding Purported Conveyance and submit to the county clerk’s office for recording. You are required to attach the “purported fraudulent document used to convey title”. You are going to file this in the same county where the property is located and where the false title document was filed. The form of the affidavit is set out in Texas Property Code 5.0206.

2.You must mail a copy of the Owner’s Affidavit and the purported fraudulent deed to the person who claims to own the property (i.e. the person who is named as the Grantee in the false deed) by certified mail, return receipt requested. Hold on to the receipt you get when you mail it and the green card that comes back because you will need these as your “proof of mailing”.

3.Complete a Certificate of Mailing of Owner’s Affidavit Regarding Purported Conveyance, with the proof of mailing attached, and take these to the same county clerk’s office and file them. There is no fee charged for this filing. The form of the Certificate is set out in Texas Property Code 5.0206.

4. After 120 days pass since the date you filed the Certificate of Mailing, you should file with the District Clerk’s office in the same county a Petition for Judicial Review of Document or Instrument Purporting to Convey Title to or an Interest in Real Property. The Petition will be placed on the district court’s miscellaneous docket for a hearing. There is no fee charged for this filing. The required contents of the Petition are in Texas Government Code 51.9035.

Once the Court has ruled on your Petition, the judge will complete the Judicial Findings of Fact and Conclusion of Law. Once you get these from the District Clerk, request that the District Clerk prepare a certified copy of the Judicial Findings of Fact and Conclusion of Law and record the certified copy with the county clerk.

If you need assistance with any of these steps, please contact our office. We will be glad to help.