(a) A person who is the purported debtor or obligor or who owns real or personal property or an interest in real or personal property and who has reason to believe that the document purporting to create a lien or a claim against the real or personal property or an interest in the real or personal property previously filed or submitted for filing and recording is fraudulent may complete and file with the district clerk a motion, verified by affidavit by a completed form for ordinary certificate of acknowledgment, of the same type described by § 121.007, Civil Practice and Remedies Code, that contains, at a minimum, the information in the following suggested form:

Motion for Judicial Review of Documentation or Instrument Purporting to Create a Lien or Claim

Now Comes (name) and files this motion requesting a judicial determination of the status of documentation or an instrument purporting to create an interest in real or personal property or a lien or claim on real or personal property or an interest in real or personal property filed in the office of the Clerk of (county name) County, Texas, and in support of the motion would show the court as follows:
I.

			
			

			

			
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Terms Used In Texas Government Code 51.903
Docket: A log containing brief entries of court proceedings.
Lien: A claim against real or personal property in satisfaction of a debt.
Person: includes  corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
Personal property: All property that is not real property.
Property: means  real and personal property. See Texas Government Code 311.005

(Name), movant herein, is the purported obligor or debtor or person who owns the real or personal property or the interest in real or personal property described in the documentation or instrument.
II.

On (date), in the exercise of the county clerk's official duties as County Clerk of (county name) County, Texas, the county clerk received and filed and recorded the documentation or instrument attached hereto and containing (number) pages.  Said documentation or instrument purports to have created a lien on real or personal property or an interest in real or personal property against one (name of purported debtor).
III.

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

Movant attests that assertions herein are true and correct.
V.

Movant does not request the court to make a finding as to any underlying claim of the parties involved and acknowledges that this motion does not seek to invalidate a legitimate lien.  Movant further acknowledges that movant may be subject to sanctions, as provided by Chapter 10, Civil Practice and Remedies Code, if this motion is determined to be frivolous.
PRAYER

Movant requests the court to review the attached documentation or instrument and enter an order determining whether it should be accorded lien status, together with such other orders as the court deems appropriate.
Respectfully submitted,             
_________________________          
(Signature and typed name and address)
(b)  The completed form for ordinary certificate of acknowledgment, of the same type described by § 121.007, Civil Practice and Remedies Code, must be as follows:
AFFIDAVIT