Texas creates a new criminal offense for stealing homes through forged deeds

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By Andrew Tillis-Smith

Texans who file forged deeds to steal homes or commercial property would face a dedicated criminal charge under a measure Gov. Greg Abbott signed on September 16. The bill (SB 16) creates the new offenses of real property theft and real property fraud, sets recording requirements for documents transferring real property, establishes a statute of limitations for the new charges, and adds restitution procedures to make victims whole.

Sen. West filed the bill, which targets a deed-fraud scheme that has hit elderly homeowners particularly hard in Dallas, Houston, and Austin. Investigators say bad actors have been recording counterfeit transfers in county records and then borrowing against or selling properties before the rightful owners notice.

The Senate passed SB 16 on August 17, and the House cleared the bill on August 25 with amendments. Both chambers signed the enrolled bill on August 27, with the governor finalizing the new offense on September 16.