Stealing property from owners occurs more often than people realize. Until now, if one called the police, they were told that it was a civil matter and the victim would have to file suit in a District Court to attempt to get their property back. Too often, the victims lack the financial resources for lawsuits that can run into the tens of thousands of dollars.
The new law that Royce West advocated and helped push does the following;
The law, authored by state Sen. Royce West, creates a new crime called “real property theft” with stiffer penalties and doubles the statute of limitations from five years to 10 years. It also requires judges to include property addresses and legal descriptions in sentencing orders, and it gives the state new tools to pursue restitution for victims.
If a defendant still holds title, they can sign a quit claim deed returning the property as part of their restitution.
“It allows a victim to take that document to a civil court as evidence that there was fraud … and ask the court to nullify them, or declare them void or fraudulent,” Phillip Clark, an assistant Dallas County prosecutor who specializes in prosecuting deed fraud cases, said during a press conference last month.
Because it’s now its own crime category, police and prosecutors will also be able to track how often deed fraud occurs.
Most of S.B. 16 takes effect Dec. 4, according to Rep. Anchia’s office. But beginning Jan. 1, county clerks must provide law enforcement with a property’s location and the filer’s ID if someone reports a fraudulent document.
It’s the latest in a slate of laws helping to prevent fraud.
In the regular session, a new law allowed property owners to ask a judge to void fraudulent deeds without paying filing fees, making it easier and more affordable for victims to regain title of stolen properties.
Another law required notaries to receive training, maintain records for up to 10 years, and makes it a crime to notarize a signature for someone not present — a common issue in deed fraud cases.
A third measure gave county clerks the authority to reject suspicious property filings, request documentation and notify affected parties. Previously, clerks lacked the explicit authority to deny questionable filings.
Those laws took effect Sept. 1.
“I am glad that there’s something like that now so that way it can help prevent further deed theft… because there are a lot of people out here that are just taking advantage of people,” Maxey said.
Without the money to fight a lengthy legal battle, Maxey said his congregation had no choice but to move on.
But he did testify at Foster’s trial last year.
“What was done in the dark had finally came to the light,” he said.
Foster is now serving a 35-year prison sentence for stealing three churches, including Maxey’s.
It is good to see something good come from the MAGAs.
