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2011 SESSION

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SB 837 Foreclosure; use of false records, documents, or statements.

Introduced by: J. Chapman Petersen | all patrons    ...    notes | add to my profiles | history

SUMMARY AS PASSED SENATE:

Foreclosure; use of false records, documents, or statements. Provides that any person who knowingly makes, uses, or causes to be made or used a false or fraudulent record, document, or statement in support of any foreclosure upon property under this chapter shall be liable to the injured party. Upon proof of such violation and damages arising therefrom, the injured party shall be entitled to appropriate equitable relief and to recover such compensatory damages as may be proven. If compensatory damages are awarded, a victim may also be awarded punitive damages. A person violating the provisions of this bill shall be liable for reasonable attorney fees and costs of a civil action.

SUMMARY AS INTRODUCED:

Foreclosure; use of false records, documents, or statements.  Provides that a person who knowingly makes, uses, or causes to be made or used any false or fraudulent record, document, or statement in support of any foreclosure is liable for a civil penalty of $2,500, which shall be paid into the local treasury. The bill clarifies that the civil penalty provisions apply in addition to any applicable criminal penalties. The bill also creates a civil cause of action for such a violation in favor of the owner of the property foreclosed upon.