This bill introduces new regulations concerning notarial acts, the recording of real property instruments, quiet title proceedings, and establishes penalties for related offenses. It creates a serious misdemeanor for notarial officers who fail to require personal appearances as mandated, with escalated penalties to a class D felony if the act involves real property transfers. The bill also provides an affirmative defense for notarial officers if the individual presented valid identification, even if it was not accurate. Additionally, it amends existing laws to enhance the recording requirements for real estate instruments, differentiating between submissions by trusted filers and non-trusted filers, and mandates the inclusion of valid photo identification.
Furthermore, the bill simplifies the process for filing petitions to quiet title in cases of fraudulent conveyance and allows for expedited civil actions in such instances. It expands the definition of theft to include fraudulent transfers of real property without the owner's consent and introduces new fraudulent practices related to real estate transactions, with penalties ranging from misdemeanors to class C felonies based on the value involved. The bill aims to strengthen protections against fraud in real estate transactions and improve the integrity of notarial acts and property recording processes.
Statutes affected: Introduced: 9B.6, 558.11, 649.6, 714.1, 714.8