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S423Change ✕
Title Fraud Prevention
EngrossedSenate
Primary Sponsor
Warren DanielRepublicanLast Action
Conf Com Appointed2025-06-23
Vote Breakdown
1 Yea39 Nay2025-06-19
Plain Language Summary
This bill creates criminal penalties for filing fraudulent deeds and implements identity verification requirements for property deed recordings. It allows property owners to sue in civil court to clear fraudulent recordings from their titles, requires source-of-title documentation on deeds, mandates tax certification checks, and directs a study of a statewide fraud alert system.
Arguments in Favor
- •Supporters argue this bill protects property owners from title fraud, which has increased significantly and can be devastating to homeowners.
- •The identity verification requirement and civil lawsuit process give victims faster legal remedies to clear false claims from their property records.
- •Enhanced criminal penalties and real estate broker discipline deter bad actors, while the fraud alert system study may provide additional preventive measures.
Arguments Against
- •Opponents may contend the identity verification requirement adds burden and cost to legitimate property transactions, potentially slowing the recording process.
- •Some worry about privacy concerns with storing government ID information.
- •The requirement that non-lawyers obtain tax certification and source-of-title documentation could disadvantage individuals handling their own real estate matters.
- •The broad definition of 'suspicious instruments' gives registers of deeds significant discretionary power to refuse valid filings.
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