HB 5667

Abstract

Amends the Code of Civil Procedure. Provides that a person commits false representation concerning real estate title, a Class 4 felony, when he or she knowingly, as part of any transaction or legal proceeding under the Mortgage Foreclosure Article of the Code, claims an interest in real estate or executes, notarizes, or records a fraudulent real estate document. Provides that a person commits a pattern of making false representations concerning real estate title, a Class 3 felony, by committing false representation concerning title to real estate in 2 or more instances with a similar pattern or purpose which are not isolated incidents within the preceding 4 years and in which the aggregate loss or intended loss is more than $250. Provides that the Attorney General has a private right of action for civil penalties arising from such conduct. Provides that if a person does not correct the false representation within 20 days of a written request to do so, the owner or holder of the beneficial interest in real estate which is the subject of a false representation concerning real estate title may bring a civil action in the circuit court in the county in which the real estate is located to recover damages suffered by the owner or holder of the beneficial interest plus reasonable attorney's fees.