Special report: ‘Dirty Deeds’ investigation reveals how house thieves exploit system failures

In Texas, you seldom have to show ID when filing documents with a county clerk’s office to transfer a property’s ownership. 

When WFAA first began doing stories on deed fraud, only Harris County could legally require property owners to provide valid photo ID when filing deeds in person.  

But the law also had a loophole. It said Harris County could not refuse to file the deed if the person would not show an ID. 

After WFAA began highlighting deed fraud cases, two North Texas lawmakers filed legislation during the 2021 legislative session.  

One bill, filed by State Rep. Yvonne Davis, D-Dallas, would have allowed county clerks in the state’s 254 counties to require property owners filing paperwork transferring property ownership in person to provide a photo ID and allow the clerk to make a copy of it. Counties would be required to reject deed filings from people who don’t have or refuse to provide photo ID. 

Another bill, written by State Rep. Craig Goldman, R-Fort Worth, allowed county clerks in counties with populations above 800,000 to require people to show valid photo ID. It didn’t, however, contain a provision that allowed county clerks to refuse to accept documents transferring ownership when someone wouldn’t or couldn’t show ID. 

Instead of approving Davis’ stricter bill, the Texas Legislature approved Goldman’s bill, which only covered 10 counties and lacked a provision allowing clerks to reject deeds without photo IDs. 

WFAA wanted to know if the counties allowed to ask for IDs were doing it.  

Four counties – Harris, Denton, Tarrant and El Paso – told WFAA they require ID when filing in person.  

But Dallas County and five others – Travis, Fort Bend, Hildago, Bexar and Collin — told WFAA that they do not ask for photo IDs. Those counties told WFAA that without a mandatory provision, the law remains unclear. Although clerks may ask for ID, clerks in the six counties said they didn’t believe they had the authority to refuse to file the document. They said that’s because legislators left the confusing line in the law that says a county clerk may not refuse to file a document. 

Denton County Clerk Judi Lude told WFAA that she recognizes the inability of her office ultimately to enforce the ID law. But she says counties should at least ask for IDs. “Why not?”  

But she said the law likely makes a flat-out ID requirement unenforceable. So, she said the law needs to change. “Why have an unenforceable law?” she told WFAA. 

Lawmakers will again be asked to strengthen the ID requirement when the Texas Legislature reconvenes in January.