The Refusal to Execute Release of Fraudulent Lien or Claim crime in the state of Texas gives police the right to arrest you if they believe you are asserting a fraudulent lien or other claim on property and refuse to release the claim to a debtor or any person who owns interest in the property.

Refusal to Execute Release of Fraudulent Lien or Claim is classified in the Texas Penal Code under Title 7 “Offenses Against Property,” Chapter 32 “Fraud.”

Learn more detailed information about the Refusal to Execute Release of Fraudulent Lien or Claim offense below.

What is the current Texas law about Refusal to Execute Release of Fraudulent Lien or Claim?

The current Texas law defines the offense of Refusal to Execute Release of Fraudulent Lien or Claim in Penal Code Section §32.49 as follows:^[1]

(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.

How can I be charged with Refusal to Execute Release of Fraudulent Lien or Claim?

You can be charged with Refusal to Execute Release of Fraudulent Lien or Claim if the state’s attorneys believe that each of the elements of 32.49(a) as described in the section above have been met.

What is the punishment for Refusal to Execute Release of Fraudulent Lien or Claim?

A conviction for Refusal to Execute Release of Fraudulent Lien or Claim is punished as a Class A misdemeanor,^[2] with a maximum possible fine under Texas state law of up to $4,000 and jail time of up to one year. Learn about the differences between grades of felonies and misdemeanors

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Legal References:

^1. Texas Penal Code §32.49^2. Texas Penal Code §32.49(c)