Perfected

HB 1769 - This act creates the offense of filing false documents. For the first offense, filing a false document is a Class D felony, but can be a Class C felony in certain specified instances. Any person who is found guilty of filing a false document shall be ordered to make full restitution to any person or entity that has sustained any actual losses as a result of the filing.

The act specifies that any agency of the state, a county or the City of St. Louis shall create a system in which suspicious filings are logged, and outlines the process for petitioning a court when a person has probable cause to believe a filing is fraudulent. The system shall be created by January 1, 2019.

If a filing or record is deemed invalid in a civil action brought under this act, the prevailing party shall be awarded all reasonable costs and fees incurred by that party in the action.

This act also contains a provision stipulating that if a conveyance of real estate, or any interest therein, is executed by deed, such deed shall contain the name of the person or entity that prepared the property description for such deed or reference to the recorded document.

This act is substantially similar to SB 750 (2018), HCS/HB 303 (2017), certain provisions in SCS/HCB 1 (2017), and the truly agreed to CCS/SCS#2/SB 128 (2017).

SCOTT SVAGERA


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