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, instruments authorized by state or federal statutes, consensual agreements between property owners and encumbrancers, court-authorized encumbrances, and filings by commercial lending institutions.

The bill also clarifies the definition of "commercial lending institution" and includes various types of financial entities that are authorized to file encumbrances. Additionally, it specifies that individuals who record an encumbrance without lawful cause and with the intent to harass or intimidate may face penalties under the revised judicature act. The enactment of this bill is contingent upon the passage of House Bill No. 6177.

Statutes affected:
House Introduced Bill: 565.25