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NC S83

Bill

Status

Passed

6/19/2015

Primary Sponsor

Stan Bingham

Click for details

Origin

Senate

2015-2016 Session

AI Summary

  • Expands G.S. 14-118.6 to criminalize filing or recording false liens or encumbrances against public officers, public employees, or their immediate family members (spouses or children) related to official duties, with knowledge or reason to know the document is false or contains materially false, fictitious, or fraudulent statements, as a Class I felony.

  • Authorizes registers of deeds to refuse recording of suspected false liens and allows them to issue a Notice of Denied Lien or Encumbrance Filing; interested parties may initiate a special proceeding within 10 business days to challenge the denial.

  • Establishes a new process for clerks of superior court to refuse filing false liens or encumbrances and requires judicial approval before filing such documents; provides for 30-day appeals period if denied.

  • Requires registers of deeds and clerks of court to conspicuously mark documents declared false by court order with the statement "THE CLAIM ASSERTED IN THIS DOCUMENT IS FALSE AND IS NOT PROVIDED FOR BY THE GENERAL LAWS OF THIS STATE."

  • Violation of the statute constitutes a violation of G.S. 75-1.1 (North Carolina's unfair and deceptive trade practices act) and becomes effective October 1, 2015.

Legislative Description

Criminal Law/Filing False Document

Last Action

Ch. SL 2015-87

6/19/2015

Committee Referrals

Judiciary III4/29/2015
Judiciary II2/16/2015

Full Bill Text

No bill text available