State of South Dakota
|
SEVENTY-THIRD
SESSION
LEGISLATIVE ASSEMBLY, 1998 |
348B0042 |
SENATE BILL
NO.
214
|
Introduced by: Senators Whiting, Aker, and Flowers and Representatives Windhorst, Apa, Belatti, Duniphan, Moore, and Schrempp |
FOR 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 filed
or recorded or submitted for filing or recording is counterfeit pursuant to
§
22-11-29, the register
of deeds shall provide written notice of the filing, recording, or submission for filing or
recording 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 filed or submitted for filing and recording is counterfeit
pursuant to chapter 22-11, may complete and file with the clerk of courts a motion on a form
prescribed by the court.
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 or
recorded or submitted for filing or recording is counterfeit pursuant to
§
22-11-29, the clerk of
courts shall provide written notice of the filing, recording, or submission for filing or recording
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 or recorded is counterfeit pursuant to
§
22-11-29, may complete
and file with the clerk of courts a motion on a form prescribed by the court.