AN ACT
ENTITLED, An Act
to expedite the release of counterfeit liens, court documents, or other
instruments on public record.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That chapter 7-9 be amended by adding thereto a NEW SECTION to read as follows:
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That chapter 7-9 be amended by adding thereto a NEW SECTION to read as follows:
If a register of deeds has reason to believe that a document or instrument previously recorded is
counterfeit pursuant to
§
22-11-29, the register of deeds shall provide written notice of the recording
of the document or instrument to the stated or last known address of the person who owns any
interest in the real property as the obligor or debtor and to any person who owns any interest in the
real property described in the document or instrument.
Section 2. That chapter 21-51 be amended by adding thereto a NEW SECTION to read as follows:
Section 2. That chapter 21-51 be amended by adding thereto a NEW SECTION to read as follows:
A person who is the purported debtor or obligor or who owns real or personal property or an
interest in real or personal property and who has reason to believe that the document purporting to
create a lien or a claim against the real or personal property or an interest in the real or personal
property previously recorded is counterfeit pursuant to chapter 22-11, may file an action in circuit
court pursuant to
§
22-11-30 or 22-11-33 to have the purported lien removed. The filing of such an
action does not bar the injured party from recovering damages as part of the action, in addition to
fees, costs, or expenses allowed by those sections.
Section 3. That chapter 16-2 be amended by adding thereto a NEW SECTION to read as follows:
Section 3. That chapter 16-2 be amended by adding thereto a NEW SECTION to read as follows:
If a clerk of courts has reason to believe that a document or instrument previously filed is
counterfeit pursuant to
§
22-11-29, the clerk of courts shall provide written notice of the filing of the
document or instrument to the stated or last known address of the person named in the document,
instrument, or judgment.
Section 4. That chapter 21-51 be amended by adding thereto a NEW SECTION to read as follows:
Section 4. That chapter 21-51 be amended by adding thereto a NEW SECTION to read as follows:
A person against whom a purported judgment was rendered who has reason to believe that a
document previously filed is counterfeit pursuant to
§
22-11-29, may file an action in circuit court
pursuant to
§
22-11-33 to have the purported judgment vacated. The filing of such an action does
not bar the injured party from recovering damages as part of the action, in addition to any fees, costs,
or expenses allowed by that section.
An Act to expedite the release of counterfeit liens, court documents, or other instruments on public record.
An Act to expedite the release of counterfeit liens, court documents, or other instruments on public record.
|
I certify that the attached Act originated in the
SENATE as
Bill
No.
214
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____________________________
Secretary of the Senate
Secretary of the Senate
____________________________
President of the Senate
President of the Senate
Attest:
____________________________
Secretary of the Senate
Secretary of the Senate
____________________________
Speaker of the House
Attest:
____________________________
Chief Clerk
Chief Clerk
Senate
Bill
No.
214
File No. ____
Chapter No. ______=========================
Received at this Executive Office this ____ day of _____________ ,
File No. ____
Chapter No. ______
Received at this Executive Office this ____ day of _____________ ,
19___ at _____ M.
By _________________________
for the Governor
for the Governor
The attached Act is hereby
approved this ________ day of
______________ , A.D., 19___
____________________________
Governor
Governor
STATE OF SOUTH DAKOTA,
ss.
Office of the Secretary of State
Filed ____________ , 19___
at _________ o'clock __ M.
____________________________
Secretary of State
Secretary of State
By _________________________
Asst. Secretary of State
