North Carolina SB 423: Homeowner Solar Expansion Act.
Status: Passed 1st Reading (as of 2023-03-30)
State: North Carolina · Session: 2023 · Bill: SB 423
Subjects: ALTERNATIVE ENERGY, COMMERCE, COMMISSIONS, CONSERVATION, DEEDS, ELECTRICITY GENERATION & DISTRIBUTION, ENVIRONMENT, HOMEOWNERS ASSOCIATIONS, HOUSING, INFRASTRUCTURE, PUBLIC, REAL ESTATE, UTILITIES, UTILITIES COMN.
Sponsors: Batch, Garrett, Adcock, Hunt, Marcus, Mayfield, Meyer, Murdock, Robinson, Smith, Waddell
Bill Text
GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2025 S 4 SENATE BILL 423 Judiciary Committee Substitute Adopted 4/29/25 Third Edition Engrossed 5/1/25 House Committee Substitute Favorable 6/17/25 Short Title: Title Fraud Prevention. (Public) Sponsors: Referred to: March 25, 2025 *S423-v-4* A BILL TO BE ENTITLED 1 AN ACT TO PENALIZE THE FILING OF FRAUDULENT DEEDS AND CONVEYANCES 2 AND TO PREVENT TITLE FRAUD BY AUTHORIZING THE REGISTER OF DEEDS 3 TO REQUIRE THE PRODUCTION OF A GOVERNMENT-ISSUED PHOTOGRAPHIC 4 IDENTIFICATION CARD BEFORE RECORDING A DEED OR CERTAIN OTHER 5 INSTRUMENTS; REQUIRING THE LEGISLATIVE RESEARCH COMMISSION TO 6 STUDY THE FEASIBILITY OF A STATEWIDE FRAUD DETECTION ALERT 7 SYSTEM; PROVIDING FOR A SEPARATE CAUSE OF ACTION TO QUIET TITLE 8 AFTER A FRAUDULENT CONVEYANCE; REQUIRING SOURCE OF TITLE TO BE 9 REFLECTED ON DEED OR OTHER TITLE CONVEYANCE; AND REQUIRING TAX 10 OFFICE CERTIFICATION OF LISTED OWNER AND DELINQUENT TAX STATUS 11 ON COUNTY TAX RECORDS AND REAL ESTATE BROKER DISCIPLINE. 12 The General Assembly of North Carolina enacts: 13 SECTION 1.(a) G.S. 14-122 reads as rewritten: 14 "§ 14-122. Forgery of deeds, wills and certain other instruments.instruments; presentation 15 for filing. 16 (a) If any person, of his that person's own head and imagination, or by false conspiracy 17 or fraud with others, shall wittingly and falsely forge and make, or shall cause or wittingly assent 18 to the forging or making of, or shall show forth in evidence, knowing the same to be forged, any 19 deed, lease or will, or any bond, writing obligatory, bill of exchange, promissory note, 20 endorsement or assignment thereof; or any acquittance or receipt for money or goods; or any 21 receipt or release for any bond, note, bill or any other security for the payment of money; or any 22 order for the payment of money or delivery of goods, with intent, in any of said instances, to 23 defraud any person or corporation, and thereof shall be duly convicted, the person so offending 24 shall be punished as a Class H felon.is guilty of a Class H felony. 25 (b) If any person presents a deed or other transfer of real property of an owner for filing 26 or recording in a public record or a private record generally available to the public, knowing or 27 having reason to know that the deed or conveyance is false or contains a materially false, 28 fictitious, or fraudulent statement or representation, the person so offending is guilty of a Class 29 H felony." 30 SECTION 1.(b) G.S. 14-117.8 reads as rewritten: 31 "§ 14-117.8. Fraudulently renting, leasing, or advertising for sale of residential real 32 property. 33 General Assembly Of North Carolina Session 2025 Page 2 Senate Bill 423-Fourth Edition (a) Offense Involving Fraudulent Rental or Lease. – It is unlawful to rent or lease 1 residential real property to another person knowing that the renter renter, tenant, lessee, landlord, 2 or lessor has no lawful ownership in the property or leasehold interest in the property. 3 (b) Offense Involving Fraudulent Advertising. – It is unlawful to list or advertise 4 residential real property for sale knowing that the purported seller has no legal title or authority 5 to sell the property. 6 (c) Punishment. – Unless the conduct is covered under some other provision of law 7 providing greater punishment, a person who violates this section shall be punished as follows: 8 (1) A person who violates subsection (a) of this section is guilty of a Class H 9 felony. 10 (2) A person who violates subsection (b) of this section is guilty of a Class I 11 felony. 12 (d) In addition to any criminal penalties provided in this section, knowingly renting or 13 leasing renting, leasing, listing, or advertising residential real property to another person knowing 14 that the renter or lessor renter, tenant, lessee, lessor, landlord, or the person soliciting the listing 15 or advertisement has no lawful ownership or leasehold interest in the property shall constitute a 16 violation of G.S. 75-1.1. In a civil suit initiated by a person who alleges that a person's violation 17 of this section constitutes a violation of G.S. 75-1.1, the presiding judge may allow a reasonable 18 attorneys' fee in accordance with G.S. 75-16.1 to the attorney representing the person bringing 19 the suit without finding that there was an unwarranted refusal by the party charged with the 20 violation to fully resolve the matter which constitutes the basis of the suit." 21 SECTION 1.(c) G.S. 14-209 reads as rewritten: 22 "§ 14-209. Punishment for perjury. 23 If any person knowingly and intentionally makes a false statement under oath or affirmation 24 in any suit, controversy, matter or cause, or in any unsworn declaration deemed sufficient 25 pursuant to G.S. 7A-98 depending in any of the courts of the State; in any deposition or affidavit 26 taken pursuant to law; in any oath or affirmation duly administered of or concerning any matter 27 or thing where such person is lawfully r
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