SB 435 Enacts various reforms to combat fraudulent real estate practices
Sponsor: Wilson
LR Number: 1838S.04I Fiscal Note:
Committee: Judiciary and Civil & Criminal Jurisprudence
Last Action: 3/2/2005 - Second Read and Referred S Judiciary and Civil & Criminal Jurisprudence Committee Journal Page: S337
Title: Calendar Position:
Effective Date: August 28, 2005

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Current Bill Summary


SB 435 - This act enacts several measures to combat fraudulent practices with respect to real estate transactions.

REAL ESTATE APPRAISERS - Under this act, a real estate appraiser who knowingly communicates a false or fraudulent appraisal or otherwise engages in fraudulent misconduct shall have his or her license revoked (Section 339.532). Any real estate appraiser who gives a false or fraudulent appraisal or who otherwise accepts an appraisal assignment which is contingent upon giving a certain appraisal shall be guilty of a Class A misdemeanor. If a real estate appraiser gives a false appraisal with the intent or knowledge that such appraisal will be used to defraud a person of this possessory interest in real estate then the appraiser shall be guilty of a Class D felony (Section 339.550).

HOME SOLICITATION - This act prohibits home solicitors from selling products financed by the consumer's home which would put the consumer in those types of situations. This act outlaws certain unfair or deceptive practices relating to home improvement loans to consumer. It would prohibit home solicitations where a home improvement loan is made encumbering the person's home to pay the loan and where the practice violates federal law. Violation of this act's provisions would constitute a Class A misdemeanor. This portion of the act is similar to SB 656 (2002) and HB 1144 (1999)(section 407.725).

FORGED DEEDS - This act makes it a Class C felony for any person to record a forged deed with the recorder of deeds office. The person shall also be liable to the true property owner for actual damages or $1,000, whichever is greater along with court costs and attorney fees (Section 442.383).

STEPHEN WITTE