Bill Summary for S 83 (2015-2016)

Summary date: 

Jun 3 2015

Bill Information:

View NCGA Bill Details2015-2016 Session
Senate Bill 83 (Public) Filed Thursday, February 12, 2015
A BILL TO BE ENTITLED AN ACT TO AMEND THE CRIMINAL LAW CONCERNING THE FILING OR RECORDING OF FALSE LIENS OR ENCUMBRANCES KNOWING OR HAVING REASON TO KNOW THAT THE LIEN OR ENCUMBRANCE IS FALSE OR CONTAINS A MATERIALLY FALSE, FICTITIOUS, OR FRAUDULENT STATEMENT OR REPRESENTATION.
Intro. by Bingham.

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Bill summary

House committee substitute makes the following changes to the 3rd edition.

Amends proposed GS 14-118.6(b1), which gives the same authority to clerks of superior court that registers of deeds have when presented with a document they suspect to be false by modifying the specified procedures for when a clerk of court suspects that a lien or encumbrance is false, providing that a clerk of superior court cannot file, index, or docket the lien or encumbrance against property of a public officer or public employee until approved for filing by any judge of the judicial district that has subject matter jurisdiction. On determination by the judge that the filing is not false, the clerk must index the claim. Provides that priority interest is secured as of the date and time of the indexing by the clerk of superior court. Further requires the clerk of superior court to serve orders declaring a filing as null and void and to return the original denied filing to the person/entity that presented it. Provides for a 30-day window from the entry of the denial order for appeal. If no appeal is sought, the clerk can destroy the filing (previously, required the clerk of superior court to file stamp the document, but prohibited indexing or docketing the document against the property of a public officer or public employee until that document was approved for filing by the clerk of superior court by any judge of the judicial district who has subject matter jurisdiction. Also did not require the clerk to serve the denial order and did not provide for an appeal of said order but required the denied filing to be retrieved within 30 days of the court's denial order, upon expiration of the 30 days the clerk was allowed to destroy the filing). Makes conforming changes.

Amends the effective date clause, providing that the act is effective October 1, 2015, applying to all filings on or after that date (was, effective when the act became law). 

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