SB69
Concerning The Recordation And Filing Of A Deed Or Other Instrument That Conveys Real Property Or An Interest In Real Property.
Last Action (May 5, 2025): Died in Senate Committee at Sine Die adjournment.
Sponsors
AI-Generated Summary
Senate Bill 69 mandates that any deed or instrument conveying real property without a warranty must be filed specifically with the recorder in the county where the property is located. Additionally, the bill directs county recorders to create a voluntary 'opt-in' form that property owners can complete to prevent unauthorized property transfers. Once this form is filed, any subsequent attempt to transfer the property via a quitclaim or similar non-warranty deed requires the owner to appear in person at the county recorder’s office with government-issued identification. If the owner cannot appear, the document may be submitted by an individual acting under a valid power of attorney. County recorders are authorized to charge a one-time fee for this service, with capped rates of $100 for standard applications, $50 for seniors or individuals with permanent disabilities, and $250 for property occupied by someone other than the owner. This legislation is intended to protect property owners against deed fraud.
Potential Impact Analysis
Who Might Benefit?
The primary beneficiaries are real property owners, particularly the elderly and those with disabilities, who wish to add an extra layer of security to their title against fraudulent quitclaim deeds. County recorder offices may also benefit from the additional administrative fee revenue generated by processing these forms.
Who Might Suffer?
Individuals or entities who frequently engage in legitimate, non-warranty real estate transactions—such as quick transfers between family members, trust setups, or certain commercial property liquidations—may be negatively impacted by the increased procedural requirements, time, and costs associated with the mandatory in-person verification process. Furthermore, property owners who are unable to travel due to health or logistical reasons and do not have a power of attorney may face significant hurdles in managing their property deeds.
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