SB1310

THE CONTEXT: A.R.S. 33-420 imposes civil and criminal liability on individuals who knowingly cause to be recorded false or invalid documents asserting an interest in or a lien against real property. Those who do so are liable to the property owner for triple the actual damages caused by the false recording, plus attorney fees and costs. In addition to the civil liability, knowingly causing such a false document to be recorded is classified as a class 1 misdemeanor.

WHAT THE BILL DID: The final vetoed version would increase the criminal penalty for knowingly filing false documents asserting an interest in or a lien against real property from a class 1 misdemeanor to a class 4 felony.

WHY IT MATTERED: The practical reason for this bill was to make the stated financial responsibility enforceable and keep public reporting on time. It would increase the criminal penalty for knowingly filing false documents asserting an interest in or a lien against real property from a class 1 misdemeanor to a class 4 felony, rather than leave the current rule unchanged.