HB1408: relative to fraudulent documents purporting to create a lien or assert a claim against property.

HB 1408 - AS INTRODUCED

2018 SESSION

18-2605

10/04

HOUSE BILL 1408

AN ACT relative to fraudulent documents purporting to create a lien or assert a claim against property.

SPONSORS: Rep. Brewster, Merr. 21

COMMITTEE: Judiciary

ANALYSIS

This bill removes filings with a register of deeds pursuant to an order to the general court from filings presumed fraudulent.

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

18-2605

10/04

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Eighteen

AN ACT relative to fraudulent documents purporting to create a lien or assert a claim against property.

Be it Enacted by the Senate and House of Representatives in General Court convened:

1 Register of Deeds; Fraudulent Filings. Amend RSA 478:42, II to read as follows:

II. For purposes of this section, a document or instrument that purports to create a lien on, assert a claim against, or assert an interest in, real or personal property, is presumed to be fraudulent if it:

(a) Is not certified or ordered by a court or a judicial entity expressly created or established under the Constitution or the laws of this state or of the United States or by the general court; or

(b) Is not a document or instrument provided for by the Constitution or the laws of this state or the United States.

2 Effective Date. This act shall take effect 60 days after its passage.