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CHAPTER 32. FRAUD
§ 32.49. REFUSAL TO EXECUTE RELEASE OF FRAUDULENT LIEN OR CLAIM.
(a) A person commits an offense if, with intent to
defraud or harm another, the person:
(1) owns, holds, or is the beneficiary of a purported
lien or claim asserted against real or personal property or an
interest in real or personal property that is fraudulent, as
described by Section 51.901(c), Government Code; and
(2) not later than the 21st day after the date of
receipt of actual or written notice sent by either certified or
registered mail, return receipt requested, to the person's last
known address, or by telephonic document transfer to the
recipient's current telecopier number, requesting the execution of
a release of the fraudulent lien or claim, refuses to execute the
release on the request of:
(A) the obligor or debtor; or
(B) any person who owns any interest in the real
or personal property described in the document or instrument that
is the basis for the lien or claim.
(b) A person who fails to execute a release of the purported
lien or claim within the period prescribed by Subsection (a)(2) is
presumed to have had the intent to harm or defraud another.
(c) An offense under this section is a Class A misdemeanor. |
