Legislature(2005 - 2006)BUTROVICH 205
03/23/2005 08:30 AM Senate JUDICIARY
| Audio | Topic |
|---|---|
| Start | |
| SB70 | |
| SB129 | |
| SB126 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| *+ | SB 126 | TELECONFERENCED | |
| *+ | SB 129 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| = | SB 70 | ||
SB 129-WRONGFUL FILING OF LIS PENDENS
10:00:32 AM
CHAIR SEEKINS announced SB 129 to be up for consideration.
MS. DEBORAH GRUNDMANN, staff to Senator Huggins, introduced SB
129. She explained SB 129 is an act relating to the wrongful
recording of a notice of pendency of an action relating to title
to or right to possession of real property. SB 129 seeks to
discourage abusive filings of illegal lis pendens notices. The
recorders office has no way to prevent people from filing
improper lis pendens.
10:02:04 AM
SENATOR GUESS asked Ms. Hamilton-Hesse why the state doesn't
require proof before people can place a lien on a property.
MS. RUTH HAMILTON-HESSE, assistant attorney general, Department
of Law (DOL) advised the DOL is attempting to amend an existing
law that already provides criminal class A misdemeanor sanctions
for abusive process of recorder office filings.
SENATOR THERRIAULT asked if it would be better to have more
generic language.
MS. HAMILTON-HESSE answered the basis of SB 129 is that things
are being filed against property while the owner is not aware.
10:04:41 AM
CHAIR SEEKINS brought attention to Page 2; lines 11-12 and asked
if the consent should be in writing.
MS. HAMILTON-HESSE acknowledged it was a reasonable suggestion.
SENATOR HUGGINS moved to adopt Amendment 1. On Page 2, line 12,
after the word "consent" insert "in writing." There being no
objection, the motion carried.
SENATOR FRENCH asked Ms. Hamilton-Hesse to recite the proper
usage of a lis pendens.
MS. HAMILTON-HESSE explained lis pendens is a notice filed with
a recorders office, which notifies the public there is a valid
pending action against a piece of real property.
SENATOR FRENCH asked why the notice is not served on the owner
of the property.
MS. HAMILTON-HESSE answered that is a recorders issue and the
DOL is not involved with their processes.
10:06:54 AM
SENATOR THERRIAULT moved CSSB 129(JUD) from committee with
individual recommendations and attached fiscal notes. There
being no objection, the motion carried.
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