The controversy began when Estella and Michael Martinez discovered unauthorized construction by Vena Homes on their property on behalf of ABMF, LLC. An unidentified woman had previously listed and transferred the lot using a forged deed executed in Arapahoe County, Colorado. Although ABMF returned the lot to the Martinezes through a quitclaim deed, it pursued negligence claims against notary Skipton S Reynolds. The Fourth Court of Appeals dismissed those claims after determining Reynolds conducted all alleged acts in Colorado without purposefully targeting Texas.
Key points
Out-of-state notaries who verify deeds for Texas land are not automatically subject to th…: Out-of-state notaries who verify deeds for Texas land are not automatically subject to the jurisdiction of Texas courts.
Lack of business solicitation, ownership interest, or direct commercial activity in a sta…: Lack of business solicitation, ownership interest, or direct commercial activity in a state shields out-of-state professionals from local negligence claims.
Returning disputed real estate via quitclaim deed does not always prevent secondary legal…: Returning disputed real estate via quitclaim deed does not always prevent secondary legal disputes among the deceived purchasers and service providers.
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Discovering that someone is building a house on land you still own can turn a property dispute into a complicated legal battle, particularly when the sale appears to have been completed using someone else's identity. In Texas, a couple found themselves in this situation after an individual allegedly impersonated them to transfer their vacant property to a company. The dispute eventually reached the Texas Fourth Court of Appeals, which considered whether a Colorado notary could be sued in Texas over his role in the disputed deed.
In an
opinion delivered on November 10, 2026, the appeals court reversed a lower court's decision allowing claims against notary Skipton S Reynolds to proceed. The court ruled that Texas did not have personal jurisdiction over him because the notarial services at the centre of the negligence allegations had been performed in Colorado. The decision is available in Skipton S Reynolds v. Estella Martinez and Michael Martinez, and ABMF, LLC, on Justia.
How the disputed property transfer came to light
According to the court's opinion, Estella and Michael Martinez owned a vacant lot in…
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