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AZ SB1471
Bill
Status
2/4/2014
Primary Sponsor
Adam Driggs
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AI Summary
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Expands liability for recording forged, groundless, or invalid documents affecting real property to include claims of easement and claims based on restrictive covenants provisions, not just liens and encumbrances.
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Increases minimum damages from $5,000 to treble actual damages (whichever is greater) for persons who cause false documents to be recorded, plus reasonable attorney fees and costs.
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Establishes separate $1,000 minimum liability (or treble actual damages) for persons named in false documents who knowingly refuse to release or correct the document within 20 days of written request.
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Allows property owners to bring special actions to clear title in superior court based on documents being forged, groundless, containing material misstatements, false claims, or otherwise invalid.
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Creates a presumption that any document claiming an interest in or lien against real property that is not authorized by statute, judgment, or other legal authority is presumed groundless and invalid.
Legislative Description
Recorded documents; false filings; liability
Last Action
Referred to Senate RULES Committee
2/10/2014