What To Do If a Forged Deed Is Recorded Against Your Texas Property
Finding out that a forged deed has been recorded against your Texas property is alarming—and it can feel overwhelming. The good news is that Texas law treats forged deeds as serious problems, and there are steps you can take to protect your ownership and clear your title.
This article walks through what to do if you suspect deed fraud in Texas, from confirming what was recorded to exploring your legal options.
Step 1: Confirm What's Been Recorded
Start by getting a clear picture of the problem.
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Obtain a copy from the county clerk: Request an official copy of the suspicious deed from the county clerk in the county where the property is located.
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Check the details: Look closely at the grantor and grantee names, the legal description, the date, and the notarization. Compare these details to your prior deed and any closing documents you actually signed.
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Look for red flags: Incorrect mailing addresses, unfamiliar names, signatures that don't match your normal signature, or a notary acknowledgment you don't recognize can all be signs of a forged deed.
If you confirm that a deed was recorded without your knowledge or consent, treat it as a serious Texas property fraud issue, not just a clerical mistake.
Step 2: Understand the Risks of a Forged Deed in Texas
Under Texas law, a forged deed is void—it does not legally transfer ownership from the true owner. However, that doesn't mean it's harmless.
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Clouded title: Even a void deed creates confusion in the chain of title. Title companies, buyers, and lenders may hesitate to move forward until the records are cleaned up.
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Potential harm to buyers and lenders: A fraudster may try to sell the property, borrow against it, or lease it to someone else. A buyer or lender who relies on the forged deed may suffer real financial losses.
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Delays and added costs: You may be forced to resolve the deed fraud before you can sell, refinance, or transfer the property on your own terms.
Because of these risks, clearing a forged deed from your title can be urgent.
Step 3: Explore Civil Remedies to Clear Title
There are several civil legal tools that can help remove a forged deed from Texas property records. The best option depends on the facts of your case, but common approaches include:
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Suit to quiet title: This type of lawsuit asks a court to declare that your title is superior and that the forged deed is invalid as to your property.
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Declaratory judgment action: You may seek a court order formally declaring that the forged deed conveys no interest in your property.
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Trespass‑to‑try‑title action: In certain disputes over title and possession, this traditional Texas cause of action may be appropriate.
In any of these cases, the goal is to obtain a court judgment confirming that the forged deed is void and to record that judgment in the real property records so title companies and future buyers can rely on it.
Step 4: Consider Criminal and Administrative Options
Forging a deed and filing fraudulent documents are not just civil issues—they can be criminal acts in Texas.
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Report the fraud to law enforcement. If you believe someone forged your signature or filed a false document, you can report it to local law enforcement or the district attorney's office.
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Notary complaints. If a notary participated in the fraud or failed to follow required procedures, your attorney may discuss filing a complaint with the appropriate regulatory body.
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Parallel tracks. Criminal investigations and civil lawsuits often proceed on separate tracks. A criminal case can punish the wrongdoer, while a civil case focuses on clearing your title and recovering damages.
Your Texas Real Estate attorney can help coordinate these efforts to protect your interests.
Step 5: Use New Tools Like SB 1734 When Available
Recent Texas legislation, including Senate Bill 1734, has created additional tools for challenging fraudulent real estate filings. These procedures are designed to give property owners a more streamlined way to:
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record an affidavit disputing a suspicious document;
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notify the parties who benefited from the filing; and
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ask a court, through a focused petition, to determine whether the document actually affects title.
A separate blog post on SB 1734 explains this process in more detail and how it may apply to your situation.
Step 6: Protect Yourself Going Forward
Even after a forged deed is addressed, it's smart to take steps to reduce the risk of future Texas property fraud.
Staying proactive can make a big difference in how quickly you spot and resolve potential problems.
Talk With a Texas Real Estate Attorney
If you discover a deed or other document recorded against your Texas property that you did not sign or authorize, you don't have to navigate it alone. A Real Estate attorney can evaluate your situation, explain your options under Texas law, and help you take the steps necessary to protect your ownership and clear your title.
Disclaimer: This website is for informational purposes only and does not constitute legal advice. Do not act or refrain from acting based on anything you read on this site. Use of this site or communication with The Keller Firm does not create an attorney-client relationship.
Sources
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Texas Property Code, Chapter 12 – Recording of Instruments
(General framework for recording real‑property instruments and correcting records.)
https://statutes.capitol.texas.gov/Docs/PR/htm/PR.12.htm
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Texas Government Code, Chapter 51 – Clerks; Fraudulent Documents
(Includes provisions on fraudulent documents/instruments and judicial review procedures such as Government Code § 51.903.)
https://statutes.capitol.texas.gov/GetStatute.aspx?Code=GV&Value=51
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Texas Land Title Association – “Unmasking Property Fraud” (PDF)
(Explains that forged deeds are void, discusses judicial review of fraudulent filings, and outlines practical steps when a fraudulent deed is filed.)
https://www.tlta.com/common/uploaded%20files/documents/Unmasking_Property_Fraud.pdf
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Texas Forged‑Deed Law Overview – “Forged Deeds Versus Real…” (TexasRealEstateAttorneyBlog)
(Summarizes Texas law that forged real‑property deeds are void and pass no title, and notes the use of quiet‑title and similar actions to clear title.)
https://blog.texaslawyers.com/2020/02/texas-forged-deed-law.html
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Texas Property Forgery & Remedies – “Understanding the Risks of Forged Property Deeds in Texas”
(Discusses forged deeds as void, civil actions to declare deeds invalid and restore ownership, and related criminal penalties under Texas law.)
https://daughtreylaw.com/2025/02/03/texas-real-estate-protect-against-forged-deeds/
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Texas Senate Bill 1734 – Bill Text (89th Legislature)
(Sets out the new “self‑help” procedure for challenging fraudulent real‑estate filings and obtaining judicial review.)
https://capitol.texas.gov/tlodocs/89R/billtext/html/SB01734F.HTM
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National Notary Association – “TX Senate Bill 1734”
(Plain‑language summary of SB 1734's process and its impact on challenging fraudulent recordings.)
https://www.nationalnotary.org/knowledge-center/news/law-updates/tx-senate-bill-1734
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