MO HB1412

Prohibits knowingly or intentionally filing materially false or fraudulent documents related to real property with a recorder of deeds or financing statements with the secretary of state, with intent to harass, defraud, or knowingly filing false documents, establishing this as a class D felony.

Allows courts to order restitution for violations and permits debtors to sue filers of false or fraudulent financing statements for equitable relief, actual damages, punitive damages, and reasonable attorney fees.

Authorizes the secretary of state to refuse to accept financing statements if there is reasonable cause to believe the record is materially false or fraudulent, or if the record appears to be filed for purposes outside the scope of secured transactions.

Presumes documents filed by offenders in the custody of the department of corrections are materially false or fraudulent, with this presumption rebuttable by providing the secretary of state a sworn, notarized authorization document from the obligor, debtor, or property owner.

Requires the secretary of state to determine whether contested records were wrongfully filed when an information statement is submitted alleging improper filing, and to terminate and void records found to be wrongfully filed with notification to the secured party.