This bill amends section 25 of the 1846 RS 65 regarding the recording of various encumbrances on real property. It establishes that the recording of a levy, attachment, lien, lis pendens, sheriff's certificate, marshal's certificate, or other encumbrance will not be considered perfected unless a court of competent jurisdiction finds that a full accounting of the facts and proof of service to the landowner were provided at the time of delivery to the register. However, there are exceptions to this requirement for tax liens, consensual agreements, and filings authorized by state or federal statutes, among others.

Additionally, the bill clarifies the definition of a "commercial lending institution" and outlines various entities that fall under this category, including banks, credit unions, and certain regulated lenders. It also specifies that individuals who record encumbrances without lawful cause and with the intent to harass or intimidate may face penalties as outlined in the revised judicature act. The enactment of this bill is contingent upon the passage of Senate Bill No. 739 of the 103rd Legislature.

Statutes affected:
Senate Introduced Bill: 565.25