ARIZONA HOUSE OF REPRESENTATIVES

Fifty-seventh Legislature

First Regular Session

Senate: JUDE 4-2-1-0 | 3rd Read 17-12-0-1

☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal Note

SB 1310: false documents; recording; violations

S/E: Same Subject

Sponsor: Senator Carroll, LD 28

Committee on Judiciary

Summary of the Strike-Everything Amendment to SB 1310

Overview

Increases the criminal penalty for recording fraudulent real estate ownership documents.

History

A.R.S. § 33-420 imposes civil and criminal liability on individuals who knowingly cause to be recorded false or invalid documents asserting an interest in or a lien against real property. Those who do so are liable to the property owner for triple the actual damages caused by the false recording, plus attorney fees and costs. In addition to the civil liability, knowingly causing such a false document to be recorded is classified as a class 1 misdemeanor.

Provisions

1.   Increases the criminal penalty for knowingly filing documents that falsely purport a person is an owner or beneficial title holder of real property, from a class 1 misdemeanor to a class 4 felony. (Sec. 1)

2.   Makes technical changes. (Sec. 1)

 

 

 

 

 

 

 

 

 

 

 

 

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                        SB 1310

Initials NM    Page 0 Judiciary

 

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