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MO SB724

Bill

Status

Introduced

1/14/2014

Primary Sponsor

Mike Parson

Click for details

Origin

Senate

2014 Regular Session

AI Summary

  • Prohibits knowingly or intentionally filing false or fraudulent documents related to real property or financing statements with intent to harass, defraud, or materially deceive any person, establishing this as a class D felony.

  • Authorizes courts to declare fraudulent financing statements ineffective, order the Secretary of State to terminate them, and award restitution upon conviction.

  • Allows debtors named in false or fraudulent financing statements to file civil actions seeking equitable relief, damages, declaration of ineffectiveness, termination of the statement, and reasonable attorney fees.

  • Empowers the Secretary of State to refuse filing of records if there is reasonable cause to believe they are materially false or fraudulent, or if they appear designed for purposes outside the scope of secured transaction law.

  • Establishes a presumption that documents filed by or on behalf of inmates in Department of Corrections custody are materially false or fraudulent, rebuttable only by providing a sworn, notarized security agreement signed by the obligor, debtor, or property owner authorizing the filing.

Legislative Description

Modifies the law relating to the filing of fraudulent financing statements with the Secretary of State and real property documents with recorders of deeds

Last Action

S Informal Calendar S Bills for Perfection--SB 724-Parson

5/16/2014

Committee Referrals

Judiciary And Civil And Criminal Jurisprudence1/30/2014

Full Bill Text

No bill text available