If enacted, this bill would amend Arizona Revised Statutes section 33-420 to increase the penalty for knowingly filing a forged or groundless document with the county recorder from a class 1 misdemeanor to a class 4 felony. The current law states that a person who records such a document is liable for damages to the property owner, with a minimum of $5,000 or treble damages, and reasonable attorney fees. The bill retains this liability but clarifies the language regarding the conditions under which a person can be held accountable for filing invalid documents.
Additionally, the bill makes several technical changes to the existing statute, including the removal of outdated language and the specification of the owner or beneficial title holder in legal proceedings. It also emphasizes that the owner may bring a special action to clear title based on the invalidity of the document. Overall, the proposed changes aim to strengthen the legal framework against fraudulent claims to real property and enhance the penalties for such actions.
Statutes affected: Introduced Version: 33-420
Senate Engrossed Version: 33-420