The proposed bill introduces the "Title Fraud Prevention Act" as a new chapter in the General Laws under Title 34, aimed at preventing title fraud in real property transactions. It establishes definitions for key terms such as "instrument," "presenter," and "trusted submitter." The act mandates that city or town clerks require valid government-issued photographic identification from presenters who are not trusted submitters before recording any instruments. It outlines the procedures for maintaining records of the identification, stipulating that clerks must refuse to record instruments if the identification is not provided or does not match the names on the documents. Additionally, it ensures that the identity verification records are not publicly accessible online but remain public records, with certain redacted information kept confidential.
Furthermore, the bill provides a legal framework for individuals claiming ownership of real property affected by fraudulent instruments to seek expedited relief in court. It allows for a verified complaint to be filed, with the court required to schedule a hearing within five to twenty days from the service of notice. If the court determines that the instrument is materially false, forged, fictitious, or fraudulent, it can declare it void ab initio, remove any clouds on title, and direct clerks to record and cross-index the court's order. The court may also award reasonable attorney fees, issue injunctive relief, impose civil penalties for frivolous filings, and enter pre-filing injunctions against individuals who repeatedly record fraudulent instruments. The act is set to take effect on January 1, 2027, applying to instruments presented for recording from that date forward.