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H235Change ✕
Fraudulent Deeds
IntroducedHouse
Primary Sponsor
John TorbettRepublicanLast Action
Ref to the Com on Judiciary 2, if favorable, Housing and Development, if favorable, Rules, Calendar, and Operations of the House2025-02-27
Vote Breakdown
No floor votes recorded.
Plain Language Summary
This bill creates criminal penalties for filing fraudulent property deeds, establishes a court process for property owners to remove fraudulent recordings from public records, and allows county commissioners to require tax certification before deeds are recorded.
Arguments in Favor
- •Supporters argue this bill protects homeowners from deed fraud, which is a growing crime where criminals file false documents claiming ownership of someone else's property.
- •The bill provides victims a faster civil court process to remove fraudulent recordings and mark them in the public record, while also increasing criminal penalties to deter fraud.
- •It also gives counties tools to prevent tax evasion by requiring proof that property taxes are current before deed transfers are recorded.
Arguments Against
- •Opponents may be concerned that the ex parte (one-sided) court process for emergency relief could potentially allow property owners to remove legitimate recordings without the other party present, though the bill does require a full hearing within 10 days where both sides can be heard.
- •Some may also worry that tax certification requirements could slow down legitimate real estate transactions or create burdens for closing attorneys and registers of deeds.
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