Real property fraud in Texas often shows up the same way: you (or your lender, title company, or a tax office) discover a suspicious deed, lien, “court record,” or other instrument recorded in your county’s Official Public Records that appears to transfer ownership, create a lien, or cloud title.

Here’s a practical, Texas-law-centered game plan—focused on stopping the bleeding quickly, clearing title, and building a record for civil and criminal remedies.

1) Confirm what was filed (and get clean copies)

Immediately pull the exact instrument(s) from the county clerk’s real property records (OPR/OPR Index), including:

• The document number / instrument number
• Recording date and time
• Grantor/grantee names (and any misspellings)
• Legal description
• Notary block and acknowledgment/jurat
• Any referenced exhibits (A, legal description, etc.)

Get certified copies where possible. Your goal is to preserve the “as-recorded” version for court and for any title insurer.

Why this matters: Texas is a recording / noticestate. Recording can create problems fast (especially if a scammer tries to leverage the recording to borrow against the property). Texas’s recording statute also addresses when unrecorded instruments are void as to certain later purchasers/creditors.

2) Treat it like an emergency if a deed (ownership transfer) is involved

If the document is a deed (or a deed of trust / mortgage created after a fake deed), time matters. The risk isn’t just a “paper problem”—it’s that someone may try to:

• Sell to a third party,
• Refinance / take out an equity loan,
• Use the instrument as leverage in other disputes.

Practical moves within 24–72 hours:

• Notify your title insurance company (if you have an owner’s policy).
• Notify any mortgage servicer/lender if there is one.
• Consider speaking with a real estate litigation attorney quickly about injunctive relief (TRO/temporary injunction) if there’s a live risk of a sale or new loan.

3) Use Texas’s “fraudulent filing” tools (two different tracks)

Texas gives you multiple avenues that can work together:

A. Expedited judicial review / expungement for fraudulent filings (Texas Government Code)

Texas Government Code provides a procedure aimed at fraudulent documents/instruments filed for recording—often used to attack sham liens/claims and certain bogus recorded instruments through an expedited court process. See the definitions/provisions in Gov’t Code § 51.901 and the motion procedure in Gov’t Code § 51.903.

This track is commonly used when you can truthfully say, in substance: “This recorded instrument is fraudulent and should not be in the real property records.”

B. Civil damages (and injunction) under Chapter 12, Texas Civil Practice & Remedies Code

Chapter 12 creates liability for making, presenting, or using certain fraudulent records (including fraudulent court records and fraudulent liens/claims filed against real or personal property).

Key pieces to know:

• CPRC § 12.002 (Liability) is the core “don’t file/use fraudulent record” provision.
• CPRC § 12.003 (Cause of action) authorizes certain parties to sue to enjoin violations or recover damages under the chapter.

This track is often paired with title-clearing litigation when you need both:

1. a court order fixing the title/records, and
2. money remedies against the wrongdoer when provable.

4) Clear title the “classic” way if ownership is in dispute: Trespass to Try Title / Quiet-title style relief

If a fraudulent deed or similar instrument creates a true ownership dispute, your attorney will often evaluate a trespass-to-try-titleclaim (Texas’s formal title adjudication vehicle). Texas Property Code states that a trespass to try title action is the method of determining titleto real property.

Depending on facts, a case may involve:

• Trespass to try title (title determination)
• Suit to remove cloud / declaratory relief (often pled alongside)
• Requests for temporary restraining order / injunction to prevent further transfers or encumbrances

5) Consider a lis pendens to warn the world (and stop a “good-faith buyer” problem)

Once litigation is filed that directly affects title, Texas law allows a party seeking affirmative relief to record a notice of lis pendens in the counties where the property is located.

A properly filed lis pendens is a “public red flag” that there’s pending litigation affecting the property—often an important step to reduce the chance someone later claims they bought without notice.

(Important: lis pendens can be challenged/expunged if abused, so it should be used carefully and correctly. The filing and expungement/cancellation framework sits in the Property Code’s lis pendens provisions.)

6) Know the recording rules you’ll be litigating around (Texas Property Code)

When the dispute centers on “how did the clerk record this?” or “what made this recordable?”, these provisions come up often:

• Prop. Code § 12.001: general rule that an instrument concerning real/personal property may be recorded if properly acknowledged, sworn to with a proper jurat, or proved according to law.
• Prop. Code § 12.0011: additional requirements for certain instruments (including the concept of original signature requirements in specified contexts).
• Prop. Code § 13.001: addresses validity/priority issues involving unrecorded instruments and later purchasers/creditors—part of the “why recording matters” backbone.

These statutes often form the background for arguments about notice, chain of title, and whether a later actor could plausibly claim reliance.

7) Preserve evidence and build a clean timeline (this wins cases)

Fraudulent-record cases tend to turn on proof: what was filed, by whom, and what the filer knew/intended.

Build a folder with:

• Certified copies of the recorded instruments
• Prior deed(s) showing your chain of title
• Closing documents / title policy
• Any ID theft indicators (mail forwarding, changed addresses, utility account changes)
• Communications with the county clerk/title company/lender
• A timeline of events and discovery dates

This supports both:

• The Government Code motion process
• A Chapter 12 damages/injunction case
• A title suit under Property Code Chapter 22

8) When to get counsel fast

You should treat it as urgent if:

• A deed changed “ownership,”
• A new deed of trust/mortgage appears,
• A foreclosure notice or collection notice follows,
• You’re trying to sell/refi soon (time-sensitive cure),
• The filing is part of a harassment campaign (multiple fake liens/records).

Even if the underlying fraud is “obvious,” the fix usually requires targeted pleadings, correct parties, and recordable court orders so the title plant/records can be corrected.

Closing note (important)

This post is general legal information, not legal advice. Real property fraud is fact-specific, and the right mix of remedies depends on whatwas filed (deed vs. lien vs. court record), where, and *what downstream transactions happened after recording.

At David C. Barsalou, Attorney at Law, PLLC, we help clients navigate business, family, tax, estate planning, and real estate matters ranging from document drafting to litigation with clarity and confidence. If you’d like guidance on your situation, schedule a consultation today. Call us at (713) 397-4678, email barsalou.law@gmail.com, or reach us through our Contact Page. We’re here to help you take the next step.