Relating to notarial acts, recording of instruments affecting real property, quiet title proceedings, and providing penalties

_____ information. A serious misdemeanor is punishable by confinement for no more than one year and a fine of at least $430 but not more than $2,560. A class “D” felony is punishable by confinement for no more than five years and a fine of at least $1,025 but not more than $10,245.11 to modify recording requirements for instruments affecting real estate. The bill establishes different recording requirements depending on whether an instrument is submitted by a trusted filer or by an individual who is not a trusted filer. For instruments submitted by individuals who are not trusted filers, the bill requires additional acknowledgments before a notarial officer and requires the submission of copies of valid photo identification for the grantor and the grantee. The bill provides that copies of photo identification submitted for the recording of certain instruments affecting real property are confidential records under the state’s open records law. The bill defines “trusted filer” to include attorneys, title agents and title companies, escrow companies providing settlement services, public utilities, governmental entities, and persons acting on behalf of such entities. The bill requires the recorder to notify the county attorney and provide copies of submitted photo identification if an allegation is made that a recorded instrument is fraudulent. The bill requires the clerk of the district court to make available a simplified form for filing a petition to quiet title when a fraudulent attempted conveyance is alleged. If the court finds that a fraudulent attempted conveyance occurred, the bill requires the court to quiet title in the plaintiff and restore the plaintiff to the title and property rights held immediately prior to the attempted conveyance. _____ actions. The bill expands the definition of theft to include conduct involving the fraudulent transfer, attempted transfer, sale, or encumberment of real property or an interest in real property without the effective consent of the owner and with the intent to deprive the owner of the property or interest. The bill also includes theft involving benefit-based transactions related to real property conducted without effective consent and with intent to deprive. Penalties for theft range from a class “C” felony to a simple misdemeanor based upon the value of property involved. The bill creates additional fraudulent practices including intentionally or knowingly making materially false or misleading written statements for the purpose of obtaining real property or an interest in real property, causing another person to execute a document affecting real property without effective consent, and causing a public servant to file or record fraudulent documents purporting to establish title to, or a lien or claim against, real property or an interest in real property. Penalties for fraudulent practices range from a class “C” felony to a simple misdemeanor based upon the amount of money or value of property or services involved.