CHAPTER 12. LIABILITY RELATED TO A FRAUDULENT COURT RECORD OR A FRAUDULENT LIEN OR CLAIM FILED AGAINST REAL OR PERSONAL PROPERTY
CIVIL PRACTICE AND REMEDIES CODE
TITLE 2. TRIAL, JUDGMENT, AND APPEAL
SUBTITLE A. GENERAL PROVISIONS
CHAPTER 12. LIABILITY RELATED TO A FRAUDULENT COURT RECORD OR A
FRAUDULENT LIEN OR CLAIM FILED AGAINST REAL OR PERSONAL PROPERTY
Sec. 12.001. DEFINITIONS. In this chapter:
(1) "Court record" has the meaning assigned by Section 37.01,
Penal Code.
(2) "Exemplary damages" has the meaning assigned by Section
41.001.
(2-a) "Filing office" has the meaning assigned by Section 9.102,
Business & Commerce Code.
(2-b) "Financing statement" has the meaning assigned by Section
9.102, Business & Commerce Code.
(2-c) "Inmate" means a person housed in a secure correctional
facility.
(3) "Lien" means a claim in property for the payment of a debt
and includes a security interest.
(4) "Public servant" has the meaning assigned by Section 1.07,
Penal Code, and includes officers and employees of the United
States.
(5) "Secure correctional facility" has the meaning assigned by
Section 1.07, Penal Code.
Added by Acts 1997, 75th Leg., ch. 189, Sec. 16, eff. May 21,
1997. Renumbered from Civil Practice & Remedies Code Sec.
11.001 by Acts 1999, 76th Leg., ch. 62, Sec. 19.01(3), eff. Sept.
1, 1999.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
895, Sec. 1, eff. September 1, 2007.
Sec. 12.002. LIABILITY. (a) A person may not make, present, or
use a document or other record with:
(1) knowledge that the document or other record is a fraudulent
court record or a fraudulent lien or claim against real or
personal property or an interest in real or personal property;
(2) intent that the document or other record be given the same
legal effect as a court record or document of a court created by
or established under the constitution or laws of this state or
the United States or another entity listed in Section 37.01,
Penal Code, evidencing a valid lien or claim against real or
personal property or an interest in real or personal property;
and
(3) intent to cause another person to suffer:
(A) physical injury;
(B) financial injury; or
(C) mental anguish or emotional distress.
(a-1) Except as provided by Subsection (a-2), a person may not
file an abstract of a judgment or an instrument concerning real
or personal property with a court or county clerk, or a financing
statement with a filing office, if the person:
(1) is an inmate; or
(2) is not licensed or regulated under Title 11, Insurance Code,
and is filing on behalf of another person who the person knows is
an inmate.
(a-2) A person described by Subsection (a-1) may file an
abstract, instrument, or financing statement described by that
subsection if the document being filed includes a statement
indicating that:
(1) the person filing the document is an inmate; or
(2) the person is filing the document on behalf of a person who
is an inmate.
(b) A person who violates Subsection (a) or (a-1) is liable to
each injured person for:
(1) the greater of:
(A) $10,000; or
(B) the actual damages caused by the violation;
(2) court costs;
(3) reasonable attorney's fees; and
(4) exemplary damages in an amount determined by the court.
(c) A person claiming a lien under Chapter 53, Property Code, is
not liable under this section for the making, presentation, or
use of a document or other record in connection with the
assertion of the claim unless the person acts with intent to
defraud.
Added by Acts 1997, 75th Leg., ch. 189, Sec. 16, eff. May 21,
1997. Renumbered from Civil Practice & Remedies Code Sec.
11.002 by Acts 1999, 76th Leg., ch. 62, Sec. 19.01(3), eff. Sept.
1, 1999.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
895, Sec. 2, eff. September 1, 2007.
Acts 2009, 81st Leg., R.S., Ch.
1260, Sec. 1, eff. September 1, 2009.
Sec. 12.003. CAUSE OF ACTION. (a) The following persons may
bring an action to enjoin violation of this chapter or to recover
damages under this chapter:
(1) the attorney general;
(2) a district attorney;
(3) a criminal district attorney;
(4) a county attorney with felony responsibilities;
(5) a county attorney;
(6) a municipal attorney;
(7) in the case of a fraudulent judgment lien, the person
against whom the judgment is rendered; and
(8) in the case of a fraudulent lien or claim against real or
personal property or an interest in real or personal property,
the obligor or debtor, or a person who owns an interest in the
real or personal property.
(b) Notwithstanding any other law, a person or a person licensed
or regulated by Title 11, Insurance Code (the Texas Title
Insurance Act), does not have a duty to disclose a fraudulent, as
described by Section 51.901(c), Government Code, court record,
document, or instrument purporting to create a lien or purporting
to assert a claim on real property or an interest in real
property in connection with a sale, conveyance, mortgage, or
other transfer of the real property or interest in real property.
(c) Notwithstanding any other law, a purported judgment lien or
document establishing or purporting to establish a judgment lien
against property in this state, that is issued or purportedly
issued by a court or a purported court other than a court
established under the laws of this state or the United States, is
void and has no effect in the determination of any title or right
to the property.
Added by Acts 1997, 75th Leg., ch. 189, Sec. 16, eff. May 21,
1997. Renumbered from Civil Practice & Remedies Code Sec.
11.003 by Acts 1999, 76th Leg., ch. 62, Sec. 19.01(3), eff. Sept.
1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch.
728, Sec. 11.104, eff. September 1, 2005.
Sec. 12.004. VENUE. An action under this chapter may be brought
in any district court in the county in which the recorded
document is recorded or in which the real property is located.
Added by Acts 1997, 75th Leg., ch. 189, Sec. 16, eff. May 21,
1997. Renumbered from Civil Practice & Remedies Code Sec.
11.004 by Acts 1999, 76th Leg., ch. 62, Sec. 19.01(3), eff. Sept.
1, 1999.
Sec. 12.005. FILING FEES. (a) The fee for filing an action
under this chapter is $15. The plaintiff must pay the fee to the
clerk of the court in which the action is filed. Except as
provided by Subsection (b), the plaintiff may not be assessed any
other fee, cost, charge, or expense by the clerk of the court or
other public official in connection with the action.
(b) The fee for service of notice of an action under this
section charged to the plaintiff may not exceed:
(1) $20 if the notice is delivered in person; or
(2) the cost of postage if the service is by registered or
certified mail.
(c) A plaintiff who is unable to pay the filing fee and fee for
service of notice may file with the court an affidavit of
inability to pay under the Texas Rules of Civil Procedure.
(d) If the fee imposed under Subsection (a) is less than the
filing fee the court imposes for filing other similar actions and
the plaintiff prevails in the action, the court may order a
defendant to pay to the court the differences between the fee
paid under Subsection (a) and the filing fee the court imposes
for filing other similar actions.
Added by Acts 1997, 75th Leg., ch. 189, Sec. 16, eff. May 21,
1997. Renumbered from Civil Practice & Remedies Code Sec.
11.005 by Acts 1999, 76th Leg., ch. 62, Sec. 19.01(3), eff. Sept.
1, 1999.
Sec. 12.006. PLAINTIFF'S COSTS. (a) The court shall award the
plaintiff the costs of bringing the action if:
(1) the plaintiff prevails; and
(2) the court finds that the defendant, at the time the
defendant caused the recorded document to be recorded or filed,
knew or should have known that the recorded document is
fraudulent, as described by Section 51.901(c), Government Code.
(b) For purposes of this section, the costs of bringing the
action include all court costs, attorney's fees, and related
expenses of bringing the action, including investigative
expenses.
Added by Acts 1997, 75th Leg., ch. 189, Sec. 16, eff. May 21,
1997. Renumbered from Civil Practice & Remedies Code Sec.
11.006 by Acts 1999, 76th Leg., ch. 62, Sec. 19.01(3), eff. Sept.
1, 1999.
Sec. 12.007. EFFECT ON OTHER LAW. This law is cumulative of
other law under which a person may obtain judicial relief with
respect to a recorded document or other record.
Added by Acts 1997, 75th Leg., ch. 189, Sec. 16, eff. May 21,
1997. Renumbered from Civil Practice & Remedies Code Sec.
11.007 by Acts 1999, 76th Leg., ch. 62, Sec. 19.01(3), eff. Sept.
1, 1999.