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Texas · Property Code §§5.0206–5.0207 (S.B. 1734)Texas deed fraud: the owner's affidavit regarding a purported conveyance

Senate Bill 1734 gave Texas property owners a new tool against forged or fraudulent deeds, effective September 1, 2025. An owner can record, in the county where the suspicious document was recorded, an Owner's Affidavit Regarding Purported Conveyance – sworn before a notary, describing the property, identifying the recorded document and stating which interests the owner actually conveyed – together with a Certificate of Mailing. The owner must send a copy of the recorded affidavit and a letter to the grantor and grantee of the purported conveyance by registered or certified mail, return receipt requested, at their last known addresses. The grantor or grantee then has 120 days after the certificate of mailing is filed to record a controverting affidavit saying the owner's affidavit is untrue or the conveyance is valid for another reason. If none is filed, the owner may petition a district court under Government Code §51.9035 for a finding that the document does not convey title or an interest. Once that finding is recorded, a bona fide purchaser or lender for value – and their successors – may rely on it conclusively. The statute sets out both forms.

The process (§5.0206)

  1. Step 1

    Record the affidavit

    Owner's Affidavit Regarding Purported Conveyance plus a Certificate of Mailing, in the county where the suspect deed was recorded.

  2. Step 2

    Mail notice

    Copy of the affidavit and a letter to the grantor and grantee, registered or certified mail, return receipt requested.

  3. 120 days

    Window to contest

    The grantor or grantee may record a controverting affidavit.

  4. No contest

    Court petition

    The owner asks a district court for a ruling under Government Code §51.9035.

  5. Recorded finding

    Buyers can rely on it

    Bona fide purchasers and lenders for value may rely on it conclusively (§5.0207).

What the TC can do

  • If the title search shows a deed the seller says they never signed, stop and send the seller to a Texas attorney.
  • Ask title whether any recorded finding under §51.9035 affects the property.
  • Never forward payoff or wiring changes without confirming by phone – fraud often comes with a fake seller.

Questions owners and agents ask

What can I do if someone forged a deed to my Texas property?

You can record an owner's affidavit and certificate of mailing under Texas Property Code §5.0206, mail notice to the grantor and grantee, and – if no controverting affidavit is filed within 120 days – petition a district court for a ruling that the deed conveys nothing. Talk to a Texas attorney and report the fraud.

How long does the other side have to respond?

120 days after the certificate of mailing is filed to record a controverting affidavit (§5.0206(d)).

Can a buyer rely on the court's finding?

Yes. A bona fide purchaser or mortgagee for value, and their successors, may rely conclusively on the recorded finding (§5.0207).

ClosingCode's checklist has a wire-fraud warning step two days before closing, with a ready closing-details message in English or Spanish that warns about changed wiring instructions.

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Source: Texas Property Code §§5.0206–5.0207, added by S.B. 1734 (89th Leg., R.S., ch. 321), eff. September 1, 2025 (statutes.capitol.texas.gov, read October 26, 2026).

General information, not legal advice. A suspected fraudulent deed is a matter for a Texas attorney and law enforcement. ClosingCode is software; it is not a law firm or title company and is not a substitute for the advice or services of an attorney. This guide is not a substitute for the advice or services of an attorney.