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MO HB2214
Bill
Status
3/31/2014
Primary Sponsor
T.J. Berry
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AI Summary
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Prohibits knowingly or intentionally filing 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 that are materially false or fraudulent, making violation a class D felony.
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Allows debtors named in false or fraudulent financing statements to file civil actions against the filer seeking equitable relief, damages, and reasonable attorney fees as an alternative to existing remedies under sections 428.105 through 428.135.
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Provides that the secretary of state may refuse to file records when there is reasonable cause to believe the record is materially false or fraudulent, or when filed by an offender (inmate in Department of Corrections custody) unless the obligor provides a sworn, notarized document authorizing the filing.
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Requires the secretary of state to determine whether contested records are wrongfully filed when an information statement is submitted, and if wrongfully filed, terminate the record and notify the secured party.
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Creates new section 428.112 allowing title insurers, title agents, or title agencies to record notices of false or fraudulent documents under oath, which serve as prima facie evidence of invalidity and shield adversely affected persons from third-party claims based on the fraudulent document.
Legislative Description
Changes the laws regarding the filing of a fraudulent financing statement with the Secretary of State
Last Action
Referred: Crime Prevention and Public Safety(H)
4/8/2014