In recent years, deed fraud has become one of the fastest-growing forms of real estate crime in Texas. Bad actors forge signatures, falsify notary seals, and record fraudulent deeds with county clerks—quietly “stealing” land right out from under legitimate owners. And because recording doesn’t require verification of authenticity, victims often don’t discover the theft until it’s too late.

But in the 89th Texas Legislature, lawmakers  attempted to take a major step forward. Senate Bill 648—authored by Senator Royce West and passed both the Texas House and Texas Senate with bipartisan support—targets this rising threat and gives county clerks and property owners new tools to fight back.

🔒 What Would SB 648 Do?

As passed and enrolled, the text of SB 648 authorizes a county clerk to:

• Flag a suspicious deed filing if it appears fraudulent
• Notify the property owner before recording the document
• Delay recording for a short period to allow investigation or legal challenge

This law represents a significant shift: for the first time, a Texas county clerk may pause the recording process if fraud is suspected. Under previous law, clerks were required to record almost anything submitted—even if obviously questionable.

🏛️ Legislative Intent and Background

SB 648 is part of a larger trend by the Legislature to modernize and secure Texas property records. Supporters cite numerous cases of elderly and minority landowners losing homestead property to forged deeds filed without notice.

The bill was backed by some title professionals, real estate lawyers, and law enforcement. It seeks to balance two key principles:

• Public access and recordation efficiency
• Protection of property rights from document-based fraud

🚨 Governor Calls for Stronger Protections

Despite the intended progress represented by SB 648, Governor Greg Abbott vetoed the Bill on June 22, 2025.

In his Veto Proclamation, Governor Abbott asserted the following objections:

No one disputes that title theft and deed fraud are serious problems. That is why criminal offenses and civil penalties already prohibit it under Texas law. E.g., TEX. PENAL CODE ch. 31, 32; TEX. CIV. PRAC. & REM. CODE ch. 12. That is also why county clerks are required to notify property owners when they have a good faith belief that a document purporting to create a lien or assert a property claim has been fraudulently filed. See TEX. GOV. CODE § 51.901.

Although Senate Bill No. 648 seeks to strengthen protections, it does so by imposing barriers that will burden low-income Texans, rural residents, and those handling family land without legal assistance. The bill would require property owners-but only those who have not retained an attorney or title agent-to jump through additional hoops, like producing every named heir to execute an affidavit of heirship. The ability to hire a professional may help individuals navigate legal rules more easily. But it should not entitle a person to different rules altogether.

He has publicly called on the Legislature to strengthen deed fraud protections even further.  Governor Abbott added this issue to the First Special Session of the 89th Legislature that he called and which begins on July 21, 2025.

I am adding this issue to a special session call so that legislators may tackle title theft and deed fraud without creating separate rules for the haves and have-nots.

In a public statement following reports of continued fraudulent filings in high-growth urban counties, the Governor urged lawmakers to return with legislation that would:

• Give county clerks greater discretion to refuse obviously fraudulent documents
• Expand criminal penalties for repeat offenders and organized fraud rings
• Fund state-level investigation and prosecution of deed fraud schemes

Governor Abbott’s comments reflect what many real estate professionals have already observed: SB 648 is a step—but not the final answer.

📬 What Texas Property Owners Can Do

While whatever legislation replaces SB 648 may offer new protections and give county clerks authority to act, but property owners must still remain vigilant. Consider the following:

• Subscribe to your county’s deed alert system if available
• Review your property records periodically through the county clerk’s website
• Act immediately if you discover a filing you didn’t authorize

Several counties—like Harris, Bexar, and Dallas—already offer email alerts for new filings affecting your name or property. Hopefully, new legislation will build on these programs by adding protective authority at the point of filing.

⚠️ Why Past Reforms Haven’t Gone Far Enough

Although lawmakers have taken steps in recent years to address deed fraud, those efforts have not stopped the underlying problem. Many county clerks remain bound by rigid ministerial duties. Law enforcement agencies lack the time and resources to investigate real estate crimes. And many victims only learn of the fraud after a property has been sold or mortgaged by a bad actor.

Until state-level systems are in place to proactively verify identity, authenticate signatures, and alert owners in real-time, Texas remains vulnerable to a form of theft that leaves behind a paper trail but no broken windows.

📌 Final Thoughts

Deed fraud won’t be solved overnight—but Texas lawmakers seem to be headed in a curative direction that balances all relevant interests. For property owners, it’s another reminder to stay alert.

As always, if you suspect a forged deed or suspicious filing on a property you own or manage, act immediately and seek legal counsel. In Texas, every inch of land still matters—and so does every signature.

By Trey Wilson, San Antonio Real Estate Attorney and Texas Water Lawyer