Appeals Court Dismisses Claims Against Colorado Notary

A Texas appeals court ruled a Colorado notary cannot be sued in Texas over a disputed deed on a Bexar County lot.

Updated on Nov. 13, 2026 in Accidents

Appeals Court Dismisses Claims Against Colorado Notary

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The Texas Fourth Court of Appeals reversed a lower court order and dismissed claims against a Colorado notary for lack of personal jurisdiction. The ruling followed a dispute over a Bexar County vacant lot after strangers began building a house on it.

Why it matters

The decision limits when Texas courts can hear claims against out-of-state professionals whose work took place entirely outside the state. For Texas property owners, it underscores how deed fraud and notarization errors can leave land disputes unresolved across state lines.

The appeals court dismissed claims against the notary on jurisdictional grounds, ending the case in Texas courts as the dismissal stands. The allegedly impersonated owners' claims against the notary were not adjudicated on their merits, and the identity of the person who allegedly impersonated them remains unknown.

The players

Texas Fourth Court of Appeals

The intermediate state appellate court based in San Antonio that reviews rulings from trial courts in its district, including Bexar County.

ABMF, LLC

The company that received the disputed property and was later returned the land by the owners through a quitclaim deed.

The details

The Martinezes owned a vacant Bexar County lot, but a deed dated January 11, 2023 bearing a Colorado notary's certificate was recorded the next day. Vena Homes, LLC then began building a house on the lot for ABMF, LLC, until the Martinezes discovered the construction and informed the companies they had never sold the land. ABMF later returned the property to the owners by quitclaim deed.

January 11, 2023: The disputed deed is dated with the notary certificate.
January 12, 2023: The deed is recorded in Bexar County.
November 10, 2026: The Texas Fourth Court of Appeals reverses the jurisdictional denial.

Legal Context

The ruling applies the Texas special appearance procedure, which requires a defendant to have sufficient minimum contacts with Texas before a state court can hear a claim against it. Texas courts apply this test to out-of-state professionals whose notarial acts occurred entirely outside the state.

Texas property owners should check deed records regularly, since a fraudulent deed can be recorded before the owner notices. The ruling also means out-of-state professionals whose work occurred outside Texas generally cannot be sued in Texas courts on that basis.

The takeaway

Property owners who leave land vacant for long periods may want to monitor county records for unexpected filings. Checking deed records periodically can help catch fraudulent transfers early.