Committee advances bill requiring picture ID for individuals recording deeds to slow property-deed fraud

The committee approved Senate Bill 406, a package drafted jointly by circuit clerks and the Arkansas Land Title Association to add an identity-verification step to deed recording and create a ‘trusted filer’ exception for licensed professionals and public agencies.

What the bill would do Under the amended language presented in committee, a person who presents a deed for recording in person would be required to present a valid photo identification issued by a state or federal agency, and the clerk would photocopy that ID. The bill creates an exception for licensed attorneys, licensed title agents, realtors, mortgage lenders, certain state and municipal agencies and other named entities that commonly file property documents electronically through trusted-filer systems.

Why sponsors say it’s needed Witnesses from the Arkansas Land Title Association and Washington County Circuit Clerk Kyle Sylvester told the committee there has been an uptick in “seller impersonation” and other deed-fraud schemes nationwide. Sponsors described the requirement as a practical “speed bump” to make it harder for fraudsters to record forged deeds in county records.

Concerns from the opposition and committee Opponents and some committee members urged caution. Russell Thomas of Hot Springs said the bill’s language — as originally drafted and as amended — left an apparent mismatch: one provision seemed to require that a photocopy of the ID be attached to the recorded deed (which would make that ID part of the public record), while another provision said an unredacted copy of the ID would be “filed under seal.” Thomas warned that clerks around the state might treat those two provisions inconsistently and that many counties publish recorded deeds online, potentially exposing personal identification to public view if not carefully handled.

Clerks and title professionals said practical safeguards already exist Circuit clerk witnesses said that most exempt filers use secure, electronic recording systems and that county clerks already know frequent filers in their counties; they also noted the bill requires the clerk to keep the identification under seal in the official file. Representative Hudson noted online recording systems typically have verification procedures for institutional users.

Outcome The committee adopted the bill and approved it by voice vote. Sponsors and clerks said the bill is not a perfect solution to evolving fraud techniques but should slow many common schemes and provide time to develop further fixes. Several lawmakers asked sponsors to consider follow-up work in future sessions and to explore technical fixes and sunset/reevaluation language.