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§ 12.007.Effect on Other Law

Title 2. Trial, Judgment, and Appeal · Subtitle A. General Provisions · Chapter 12. Liability Related to a Fraudulent Court Record or a Fraudulent Lien or Claim Filed Against Real or Personal Property · Last amended 1999 · Last verified August 29, 2026

In one sentenceSection 12.007 makes the chapter cumulative of other law under which judicial relief may be obtained about a recorded document.

Full Text of § 12.007

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This law is cumulative of other law under which a person may obtain judicial relief with respect to a recorded document or other record.
End

Plain-English Summary

One sentence keeping other remedies open.

This law is cumulative of other law under which a person may obtain judicial relief with respect to a recorded document or other record.

The argument it forecloses is the familiar one. A statute creating a detailed remedy for a particular wrong invites the claim that it is the only remedy for that wrong.

What remains available is substantial. A suit to quiet title, an action for slander of title, a declaratory judgment that an instrument is void, and the expedited judicial procedure the Government Code provides for removing a fraudulent lien from the records.

That last route is often the faster one. It produces a judicial finding that an instrument is fraudulent on a motion, without a trial — which is what a landowner with a clouded title most urgently needs.

This chapter’s advantage is different: it is the one that produces money. A minimum of $10,000, fees, costs and exemplary damages, against a person who filed the instrument intending harm.

So the two are complementary rather than alternatives. One clears the record quickly; the other punishes the filer.

"Or other record" widens the saving beyond recorded documents, covering financing statements and other filings the chapter reaches.

The section says nothing about which remedy to choose, and a plaintiff may pursue more than one.

Frequently Asked Questions

Is this chapter the only remedy for a fraudulent lien?

No. It is cumulative of other law under which judicial relief may be obtained about a recorded document.

What else is available?

A suit to quiet title, slander of title, a declaratory judgment, and the expedited Government Code procedure for removing a fraudulent lien.

Why use this chapter?

It is the route that produces damages — a minimum of $10,000 plus fees, costs and exemplary damages.

Amendment History

  • Added by Acts 1997, 75th Leg., ch. 189, Sec. 16, eff. May 21, 1997.
  • Renumbered from Civil Practice & Remedies Code Sec. 11.007 by Acts 1999, 76th Leg., ch. 62, Sec. 19.01(3), eff. Sept. 1, 1999.
Source & verification. Section text is reproduced verbatim from Texas Legislature Online (statutes.capitol.texas.gov). Enacted by the Texas Legislature. Current through May 14, 2026. Last verified August 29, 2026. · Official source