Two committee bills would tighten recording rules and give clerks tools to block suspected fraudulent deeds
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Summary
Senate measures discussed in committee would require additional verification and give clerks authority to refuse to file instruments when county attorneys find probable cause of fraud; the proposals also add notice requirements and tighten affidavit‑of‑heirship standards.
Two related bills heard during the committee addressed title theft and fraudulent filings. Senator Blanco explained a bill (reported as Senate Bill 647 in the hearing) that would require clerks to have additional verification tools, to notify last‑known property owners when a recorded document lists a different mailing address, and permit a clerk to refuse to file an instrument after consulting the district or county attorney if there is probable cause to suspect fraud. The committee substitute adds clarifying language allowing a filer to present supporting documentation such as a contract for sale to rebut the clerk’s concerns.
Senator West presented a companion measure (Senate Bill 648 in the hearing) that would add specific notarization and witness requirements for documents filed over the counter and impose similar standards for affidavits of heirship — requiring the affidavit maker to sign and swear the affidavit before two witnesses and an officer authorized to take oaths.
County clerks and the title industry testified in support, saying the bills add tools that make it harder for bad actors to record fraudulent deeds while preserving the ability of trusted filers to record legitimate instruments. Aaron Day of the Texas Land Title Association and county clerks described the bills as a collaboration to add sensible gatekeeping for in‑person over‑the‑counter filings without impeding trusted industry filing processes.
The committee took testimony and left the measures pending for further consideration.