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MO HB866

Bill

Status

Introduced

3/13/2013

Primary Sponsor

Dave Hinson

Click for details

Origin

House of Representatives

2013 Regular Session

AI Summary

  • Defines "spurious lien" as a purported lien not provided by statute, not agreed to by the property owner, and not imposed by court order, and establishes that state and local officials may reject spurious documents for recording without liability.

  • Provides that spurious liens and documents automatically become invalid 35 days after filing unless an enforcement action is commenced in circuit court or federal district court, or a notice of lis pendens is recorded.

  • Allows property owners to petition circuit or federal court for an order declaring a spurious lien invalid, with the court awarding costs and reasonable attorney fees to the prevailing party.

  • Elevates simulating legal process from a class B misdemeanor to a class D felony when the victim is a law enforcement officer, peace officer, or first responder.

  • Prohibits filing nonconsensual common law liens (class B misdemeanor) and creates a new class D felony for filing false liens against state or local officials, judges, law enforcement, firefighters, or first responders based on their official duties.

Legislative Description

Specifies that a state or local official may accept or reject the filing of any document that he or she believes is a spurious lien

Last Action

Referred: Crime Prevention and Public Safety(H)

4/18/2013

Committee Referrals

Crime Prevention And Public Safety4/18/2013

Full Bill Text

No bill text available