Tex.
Gov't Code Section 405.022
Filing or Recording of Fraudulent Document
(a)
If the secretary of state believes in good faith that a document filed with the secretary of state to create a lien is fraudulent, the secretary of state shall:(1)
request the assistance of the attorney general to determine whether the document is fraudulent before filing or recording the document;(2)
request that the prospective filer provide to the secretary of state additional documentation supporting the existence of the lien, such as a contract or other document that contains the alleged debtor or obligor’s signature; and(3)
forward any additional documentation received to the attorney general.(b)
For purposes of this section, a document or instrument is presumed to be fraudulent if the document or instrument is filed by an inmate or on behalf of an inmate.(c)
A presumption under Subsection (b) may be rebutted by providing the secretary of state the original or a copy of a sworn and notarized document signed by the obligor, debtor, or owner of the property designated as collateral stating that the person entered into a security agreement with the inmate and authorized the filing of the instrument as provided by Section 9.509 (Persons Entitled to File a Record), Business & Commerce Code.(d)
In this section:(1)
“Inmate” means a person housed in a secure correctional facility.(2)
“Secure correctional facility” has the meaning assigned by Section 1.07 (Definitions), Penal Code.
Source:
Section 405.022 — Filing or Recording of Fraudulent Document, https://statutes.capitol.texas.gov/Docs/GV/htm/GV.405.htm#405.022 (accessed Apr. 20, 2024).
