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NC H535

NC H535
Title Fraud Prevention Act


summary

Introduced
03/26/2025
In Committee
05/07/2025
Crossed Over
05/07/2025
Passed
Dead

Introduced Session

2025-2026 Session

Bill Summary

AN ACT TO PENALIZE THE FILING OF FRAUDULENT DEEDS AND CONVEYANCES AND TO PREVENT TITLE FRAUD BY AUTHORIZING THE REGISTER OF DEEDS TO REQUIRE THE PRODUCTION OF A GOVERNMENT-ISSUED PHOTOGRAPHIC IDENTIFICATION CARD BEFORE RECORDING A DEED OR CERTAIN OTHER INSTRUMENTS, REQUIRING THE LEGISLATIVE RESEARCH COMMISSION TO STUDY THE FEASIBILITY OF A STATEWIDE FRAUD DETECTION ALERT SYSTEM, PROVIDING FOR A SEPARATE CAUSE OF ACTION TO QUIET TITLE AFTER A FRAUDULENT CONVEYANCE, REQUIRING SOURCE OF TITLE TO BE REFLECTED ON DEED OR OTHER TITLE CONVEYANCE, AND REQUIRING TAX OFFICE CERTIFICATION OF LISTED OWNER AND DELINQUENT TAX STATUS ON COUNTY TAX RECORDS.

AI Summary

This bill introduces comprehensive measures to prevent title fraud and protect property owners by implementing several key provisions. The bill enhances criminal penalties for filing fraudulent deeds, requiring registers of deeds to verify the identity of individuals submitting property-related documents through government-issued photo identification. It establishes a new legal procedure allowing property owners to quickly challenge fraudulent instruments by filing a civil action pro se, with expedited court hearings and potential remedies like ejectment, attorneys' fees, and injunctions against future fraudulent filings. The bill mandates that property transfer documents include a source of title and be cross-referenced with county tax records to ensure legitimacy. Additionally, the Legislative Research Commission is tasked with studying the feasibility of creating a statewide fraud detection alert system that would automatically enroll property owners with an option to opt-out. The bill introduces new definitions of "suspicious instruments" and creates mechanisms for registers of deeds to refuse registration of potentially fraudulent documents, while also providing legal protections for county officials implementing these new verification processes. These provisions are designed to make it more difficult for bad actors to fraudulently transfer or claim ownership of real property and provide property owners with more robust tools to quickly address and remedy title fraud.

Committee Categories

Government Affairs, Housing and Urban Affairs, Justice

Sponsors (18)

Last Action

Ref To Com On Rules and Operations of the Senate (on 05/07/2025)

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