The legislature finds that there is a problem with the recording at the land court
or the bureau of conveyances of invalid instruments which purport to affect the property
interests of various persons, including but not limited to government officers and
employees. These instruments, which have no basis in fact or law, have a seriously disruptive
effect on property interests and title. They appear on title searches and other disclosures based on public records, and are
costly and time-consuming to expunge. When they so appear, they may obstruct a property owner's ability to transfer title
or obtain title insurance and financing.
The bureau of conveyances does not have the discretionary authority to refuse to record
instruments so long as those instruments comply with certain minimal format requirements.
It would be inefficient and require substantial governmental expenditures to have
the bureau of conveyances determine the legal sufficiency of instruments submitted
for recordation. The land court's registrar screens instruments submitted for recordation, but has
no mechanism to prevent the filing of frivolous lien claims during the pendency of
litigation. Similarly, the public is in need of a mechanism to address the filing of frivolous
The legislature finds that it is necessary and in the best interests of the State
and private parties to legislatively provide a means to relieve this problem, and
to limit the circumstances in which nonconsensual common law liens shall be recognized
in this State and to remedy the filing of frivolous financing statements.
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
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