Texas Government Code

Section 51.903

Action On Fraudulent Lien On Property

Deed of Trust

Assignment of Mortgage

Appointment of Substitute Trustee

Substitute Trustee’s Sale

© Copyright 2011    j.mcguire@swbell.net                              P O Box 1352, Bedford, Texas 76095‐1352   
   
 Texas Government Code - Section 51.903
Action On Fraudulent Lien On Property
(Deed of Trust)

III.

Movant alleges that the documentation or instrument attached hereto is fraudulent, as defined by Section
51.901(c)(2), Government Code, and that the documentation or instrument should therefore not be
accorded lien status.

Texas Government Code

Section 51.901 (c) (2)

(2) the document or instrument purports to create a lien or assert a claim against real or personal property
or an interest in real or personal property and:

(A) is not a document or instrument provided for by the constitution or laws of this state or of the
United States;

The Deed of Trust is not a document or instrument provided for by the constitution or laws
of this state or of the United States. Filing of the Deed of Trust is required under Texas
Local Government Code 192.007.

(B) is not created by implied or express consent or agreement of the obligor, debtor, or the owner
of the real or personal property or an interest in the real or personal property, if required under the
laws of this state, or by implied or express consent or agreement of an agent, fiduciary, or other
representative of that person; or

The Deed of Trust is created by an agreement of the obligor, debtor, or the owner of the
real property.

(C) is not an equitable, constructive, or other lien imposed by a court with jurisdiction created or
established under the constitution or laws of this state or of the United States.

The Deed of Trust is not an equitable, constructive, lien imposed by a court with
jurisdiction created or established under the constitution or laws of this state or of the
United States.

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 Texas Government Code - Section 51.903
Action On Fraudulent Lien On Property
(Assignments)

III.

Movant alleges that the documentation or instrument attached hereto is fraudulent, as defined by Section
51.901(c)(2), Government Code, and that the documentation or instrument should therefore not be
accorded lien status.

Texas Government Code

Section 51.901 (c) (2)

(2) the document or instrument purports to create a lien or assert a claim against real or personal property
or an interest in real or personal property and:

(A) is not a document or instrument provided for by the constitution or laws of this state or of the
United States;

A filing of an assignment of the mortgage memorializing a negotiation of the indebtedness

is required under Texas Local Government Code 192.007.

Creating an assignment of mortgage that memorializes a negotiation of the indebtedness is

not a lawfully required action under any state or federal law.

Filing of an assignment of mortgage that does not memorialize a negotiation of the

indebtedness is not a lawfully required action under any state or federal law.

Creating of an assignment of mortgage that does not memorialize a negotiation of the

indebtedness is not a lawfully required action under any state or federal law.

(B) is not created by implied or express consent or agreement of the obligor, debtor, or the owner
of the real or personal property or an interest in the real or personal property, if required under the
laws of this state, or by implied or express consent or agreement of an agent, fiduciary, or other
representative of that person; or

The creation and filing of an assignment of the mortgage memorializing a negotiation of the
indebtedness is a subsequent action wherein the obligor, debtor, or the owner of the real or
personal property or an interest in the real or personal property is not a party.

The creation and filing of an assignment of mortgage that does not memorialize a
negotiation of the indebtedness is a subsequent action wherein the obligor, debtor, or the
owner of the real or personal property or an interest in the real or personal property is not
a party.

(C) is not an equitable, constructive, or other lien imposed by a court with jurisdiction created or
established under the constitution or laws of this state or of the United States.

The creation and filing of an assignment of the mortgage memorializing a negotiation of the
indebtedness is not an action created by a court with jurisdiction created or established
under the constitution or laws of this state or of the United States.

The creation and filing of an assignment of mortgage that does not memorialize a
negotiation of the indebtedness is a not an action created by a court with jurisdiction
created or established under the constitution or laws of this state or of the United States.
 Texas Government Code - Section 51.903
Action On Fraudulent Lien On Property
(Appointment of Substitute Trustee) “Not Applicable”

III.

Movant alleges that the documentation or instrument attached hereto is fraudulent, as defined by Section
51.901(c)(2), Government Code, and that the documentation or instrument should therefore not be
accorded lien status.

Texas Government Code

Section 51.901 (c) (2)

(2) the document or instrument purports to create a lien or assert a claim against real or personal property
or an interest in real or personal property and:

(A) is not a document or instrument provided for by the constitution or laws of this state or of the
United States;

Not applicable.

(B) is not created by implied or express consent or agreement of the obligor, debtor, or the owner
of the real or personal property or an interest in the real or personal property, if required under the
laws of this state, or by implied or express consent or agreement of an agent, fiduciary, or other
representative of that person; or

Not applicable.

(C) is not an equitable, constructive, or other lien imposed by a court with jurisdiction created or
established under the constitution or laws of this state or of the United States.

Not applicable.

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 Texas Government Code - Section 51.903
Action On Fraudulent Lien On Property
(Substitute Trustee’s Deed) “Not Applicable”

III.

Movant alleges that the documentation or instrument attached hereto is fraudulent, as defined by Section
51.901(c)(2), Government Code, and that the documentation or instrument should therefore not be
accorded lien status.

Texas Government Code

Section 51.901 (c) (2)

(2) the document or instrument purports to create a lien or assert a claim against real or personal property
or an interest in real or personal property and:

(A) is not a document or instrument provided for by the constitution or laws of this state or of the
United States;

Not applicable.

(B) is not created by implied or express consent or agreement of the obligor, debtor, or the owner
of the real or personal property or an interest in the real or personal property, if required under the
laws of this state, or by implied or express consent or agreement of an agent, fiduciary, or other
representative of that person; or

Not applicable.

(C) is not an equitable, constructive, or other lien imposed by a court with jurisdiction created or
established under the constitution or laws of this state or of the United States.

Not applicable.

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