Enrolled SB 129: Relating to the wrongful recording of a notice of pendency of an action relating to title to or right to possession of real property.
00Enrolled SB 129 01 Relating to the wrongful recording of a notice of pendency of an action relating to title to or 02 right to possession of real property. 03 _______________ 04 * Section 1. AS 11.46.560(a) is amended to read: 05 (a) A person commits the crime of offering a false instrument for recording in 06 the second degree if [,] 07 (1) under AS 40.17, the person presents a lien to the recorder for 08 registration, filing, or recording with reckless disregard that the lien is not 09 (A) provided for by a specific state or federal statute; or 10 (B) a lien imposed or authorized by a court recognized under 11 state or federal law; [OR] 12 (2) under a law authorizing the receipt and filing of a document, the 13 person presents a lien to a department or person having responsibility to accept a lien 14 for filing with reckless disregard that the lien is not
01 (A) provided for by a specific state or federal statute; or 02 (B) a lien imposed or authorized by a court recognized under 03 state or federal law; or 04 (3) the person presents to the recorder a notice of the pendency of 05 an action affecting title to real property or the right to possession of real property 06 with reckless disregard of the fact that the action specified does not concern the 07 title to or right to possession of the real property referred to in the notice, or with 08 reckless disregard of the fact that there is no pending action concerning the title 09 to or right to possession of the real property referred to in the notice. 10 * Sec. 2. AS 11.46.560(b) is amended to read: 11 (b) In a prosecution under (a) of this section, it is an affirmative defense that 12 the owner of the property affected has consented in writing to the lien or the filing of 13 the notice.