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2019 SESSION

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HB 2323 Clerks; refusal to record certain liens or encumbrances.

Introduced by: David E. Yancey | all patrons    ...    notes | add to my profiles

SUMMARY AS INTRODUCED:

Clerks; refusal to record certain liens or encumbrances. Provides that a clerk may refuse to record a lien or encumbrance filed by a person previously convicted of filing a false lien or encumbrance, provided that such lien or encumbrance to be recorded is the same or substantially similar to the lien or encumbrance that led to such person's conviction. The bill further allows a clerk to refuse to record a lien or encumbrance if the clerk reasonably believes such lien or encumbrance is being filed maliciously. The bill provides that the person attempting to file such lien or encumbrance shall receive written notice of such refusal and an opportunity to be heard as to why such lien or encumbrance is not malicious.


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