The proposed bill would amend current statutes regarding the filing of forged or groundless documents related to real property. Under the current law, a person who knowingly files such a document is guilty of a class 1 misdemeanor. The bill seeks to elevate this penalty to a class 4 felony, thereby increasing the severity of the consequences for individuals who engage in this fraudulent activity. Additionally, the bill makes technical changes to the language of the statute, including clarifying the liability amounts for damages caused by the recording of invalid documents.
Furthermore, the bill modifies the existing provisions related to the recovery of damages by the owner or beneficial title holder of the real property. It specifies that the minimum recoverable amount for damages would be at least $5,000, rather than the previous stipulation of "not less than five thousand dollars." The bill also clarifies that the owner or beneficial title holder may recover reasonable attorney fees and costs if they prevail in their action against the individual who filed the invalid document. Overall, these changes aim to strengthen the legal framework against fraudulent claims to real property.
Statutes affected: Introduced Version: 33-420
Senate Engrossed Version: 33-420