Loading chat...
NC S83
Bill
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