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:

     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:

     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:

     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:

     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.

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BILL HISTORY
1/26/98 First read in Senate and referred to Judiciary.   S.J.   199
2/4/98 Scheduled for Committee hearing on this date.
2/4/98 Judiciary Do Pass Amended, Passed, AYES 6, NAYS 0.   S.J.   323