Property owners could ask courts to reject suspected fraudulent transfers

Owners could ask a circuit court to find that a suspected fraudulent document did not transfer property rights. This process would cover recorded documents that owners believe fraudulently transfer rights in their real estate. Owners would have to notify both listed transfer parties by registered or certified mail and record proof of mailing. Owners could petition only if no sworn objection is recorded within 35 days after proof of mailing is filed.

State and local authorities could ask a court to cancel a fraudulent property document on a crime victim's behalf. The attorney general, prosecutors, and law enforcement agencies could file the request. A judge could cancel the document from its beginning when allowed by law. Someone must have been convicted after trial or pleaded guilty to a crime affecting property ownership, claims against it, or possession. The document must have been found fraudulent and matter to a property claim, transfer, or purchase. Authorities would first have to try to contact the victim and anyone with an interest in the property.

The listed public offices would be protected from liability for acting or failing to act under these procedures. The protection would cover county property-record offices, the attorney general, prosecutors, and law enforcement agencies. The protection would apply to actions and failures to act under the bill's property-fraud procedures.