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A BILL TO BE ENTITLED
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AN ACT
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relating to the judicial review of a document or an instrument |
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purporting to create a lien or claim. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 51.903(a), Government Code, is amended |
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to read as follows: |
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(a) A person who is the purported debtor or obligor or who |
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owns real or personal property or an interest in real or personal |
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property and who has reason to believe that the document purporting |
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to create a lien or a claim, including an assignment or transfer of |
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the lien or claim, against the real or personal property or an |
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interest in the real or personal property previously filed or |
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submitted for filing and recording is fraudulent may complete and |
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file with the district clerk a motion, verified by affidavit by a |
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completed form for ordinary certificate of acknowledgment, of the |
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same type described by Section 121.007, Civil Practice and Remedies |
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Code, that contains, at a minimum, the information in the following |
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suggested form: |
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In Re: A Purported |
In the ______ Judicial District |
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Lien or Claim Against |
In and For ___________________ |
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(Name of Purported |
County, Texas |
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Motion for Judicial Review of Documentation or Instrument |
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Purporting to Create a Lien or Claim |
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Now Comes (name) and files this motion requesting a judicial |
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determination of the status of documentation or an instrument |
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purporting to create an interest in real or personal property or a |
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lien or claim on real or personal property or an interest in real or |
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personal property filed in the office of the Clerk of (county name) |
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County, Texas, and in support of the motion would show the court as |
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follows: |
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I. |
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(Name), movant herein, is the purported obligor or debtor or |
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person who owns the real or personal property or the interest in |
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real or personal property described in the documentation or |
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instrument. |
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II. |
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On (date), in the exercise of the county clerk's official |
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duties as County Clerk of (county name) County, Texas, the county |
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clerk received and filed and recorded the documentation or |
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instrument attached hereto and containing (number) pages. Said |
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documentation or instrument purports to have created a lien on real |
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or personal property or an interest in real or personal property |
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against one (name of purported debtor). |
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III. |
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Movant alleges that the documentation or instrument attached |
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hereto is fraudulent, as defined by Section 51.901(c)(2), |
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Government Code, and that the documentation or instrument should |
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therefore not be accorded lien status. |
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IV. |
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Movant attests that assertions herein are true and correct. |
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V. |
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Movant does not request the court to make a finding as to any |
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underlying claim of the parties involved and acknowledges that this |
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motion does not seek to invalidate a legitimate lien. Movant |
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further acknowledges that movant may be subject to sanctions, as |
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provided by Chapter 10, Civil Practice and Remedies Code, if this |
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motion is determined to be frivolous. |
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PRAYER |
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Movant requests the court to review the attached |
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documentation or instrument and enter an order determining whether |
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it should be accorded lien status, together with such other orders |
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as the court deems appropriate. |
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Respectfully submitted, |
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_________________________ |
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(Signature and typed name and address) |
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SECTION 2. Section 51.903(a), Government Code, as amended |
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by this Act, applies only to a motion for judicial review of a |
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document or an instrument purporting to create a lien or claim filed |
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under that section on or after the effective date of this Act. A |
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motion filed before that date is governed by the law in effect |
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immediately before the effective date of this Act, and that law is |
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continued in effect for that purpose. |
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SECTION 3. This Act takes effect September 1, 2013. |