![]() You may now check on the status of a document that was submitted for filing in the Uniform Commercial Code records within the last 30 days. You may access a list of statutes that relate to documents filed in the central filing office for more information. All accepted documents are processed in a timely manner, recorded, filed, and made available to the public upon request through SOSDirect. The Office of the Secretary of State is the central filing office for the receipt, filing, indexing and recordation of financing statements and other documents provided for under the Uniform Commercial Code and certain other lien notice statutes. The Uniform Commercial Code allows a creditor, typically a financial institution or lender, to notify other creditors about a debtor’s assets used as collateral for a secured transaction by filing a public notice (financing statement) with a particular filing office. SOSDirect: Business Searches & Formations.Users of this site should contact a licensed Texas attorney for a full and complete review of their legal issues. Users of this website should not take any actions or refrain from taking any actions based upon content or information on this website. Seek the help of an attorney experienced in these matters before taking any action on a fraudulent lien or conveyance.Īll information provided on (hereinafter "website") is provided for informational purposes only, and is not intended to be used for legal advice. Disputed facts relating to the fraudulent nature of a document may require a quiet title action that will be heard on the merits after proper due process is afforded to all the parties. Use of a motion under Texas government Code 51.901 is not always appropriate. It was clear to the judge that the deed was a forgery, and the court ordered the instrument void after considering our motion. For example, our firm successfully used this process to void a deed that was fraudulently signed AFTER the grantor’s death, and the signatures were falsified by using a fake notary stamp. The expedited process outlined in Texas Government Code 51.903 is usually only available when the fraud is obvious on its face. If a district court judge determines that the instrument is fraudulent, the judge will provide an order invalidating the fraudulent lien or deed. “… requesting a judicial determination of the status of documentation or an instrument purporting to create an interest in real or personal property or a lien or claim on real or personal property or an interest in real or personal property.” This motion is supported by affidavit with the goal of: Instead of commencing a lengthy litigation process, a Motion for Judicial Review of Documentation or Instrument Purporting to Create a Lien or Claim can be filed with the court. Government Code Section 51.903 allows for the removal of a lien or deed through an ex parte motion when the fraud is obvious. This statute provides an expedited process for removing the fraudulent instrument that is more cost effective and efficient than bringing a quiet title action in district court.Įx Parte Motion Under the Texas Government Code ![]() When a lien or real property conveyance is made by a fraudulent document, a party can bring an action under Subchapter J of the Texas Government Code to have the fraudulent document removed from the real property records.
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